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ABERNATHY v. STATE

No. 544, Sept. Term, 1995.

675 A.2d 115 (1996)

109 Md. App. 364

Vincent ABERNATHY v. STATE of Maryland.

Court of Special Appeals of Maryland.

Reconsideration Denied May 28, 1996.

Attorney(s) appearing for the Case

Jason D. Lamm (Stephen E. Harris, Public Defender, and Melissa M. Moore, Assistant Public Defender, on the brief), Baltimore, for appellant.

Rachel Marblestone Kamins, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, and Patricia Jessamy, State's Attorney for Baltimore City, on the brief), Baltimore, for appellee.

Argued before MOYLAN, BISHOP and BLOOM, JJ.

MOYLAN, Judge.

Although one can commit murder or manslaughter without entertaining the specific intent to kill the victim or anyone else, one cannot commit an attempted murder or attempted manslaughter (or even an assault with intent to murder) without possessing such a specific intent to kill. The disposition of this appeal hinges on the critical difference between the broad mens rea (more properly, perhaps, the broad range of mentes reae) of consummated...

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