STATE v. JOHNSON

No. 50 Sept.Term, 2001.

788 A.2d 628 (2002)

367 Md. 418

STATE of Maryland v. Donnell JOHNSON.

Court of Appeals of Maryland.

January 9, 2002.


Attorney(s) appearing for the Case

Diane E. Keller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for petitioner.

Mark Colvin, Asst. Public Defender (Stephen E. Harris, Public Defender, and Anne Gowen, Asst. Public Defender, on brief), Baltimore, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.


BATTAGLIA, Judge.

We are tasked to determine whether the rule of consistency bars the respondent's conviction of conspiracy to commit murder when all of the named co-conspirators were acquitted of conspiracy in a prior and separate trial. Consistent with our decision in Gardner v. State, 286 Md. 520, 408 A.2d 1317 (1979), we hold that the rule of consistency is inapplicable to verdicts issued...

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