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BRABOY v. STATE

No. 720, Sept. Term, 1999.

745 A.2d 471 (2000)

130 Md. App. 220

Rufus Oliver BRABOY, Jr. v. STATE of Maryland.

Court of Special Appeals of Maryland.

February 4, 2000.

Attorney(s) appearing for the Case

Joanna Weiss, Student Atty. (Jennifer Lyman, Assigned Public Defender, on the brief), Washington, DC, for appellant.

Kathryn Graeff (J. Joseph Curran, Jr., Atty. Gen., Shannon E. Avery, Baltimore, and David Ruark, State's Atty. for Wicomico County of Salisbury, on the brief), for appellee.

Argued before MURPHY, C.J., EYLER, J., and PAUL E. ALPERT, J. (Ret., specially assigned).

PAUL E. ALPERT, Judge (Ret., specially assigned).

Appellant Rufus Oliver Braboy was convicted by a jury in the Circuit Court for Wicomico County (the Honorable J. Davis presiding) of assault and carrying a deadly weapon and presents the following questions for our review, rephrased as follows:

I. Did the circuit court err in refusing to give appellant's requested jury instruction on the defense of habitation and instead...

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