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Title: Avey v. Maryland
Author : September Term, 1969 Court of Special Appeals of Maryland No. 205
Release Date : January 31, 1970
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

On October 21, 1965, Bradley Arlington Avey, the appellant, was convicted on two charges of assault with intent to murder two police officers who interrupted a storehouse breaking. He was also convicted of the breaking. In Avey v. State, 1 Md. App. 178, 228 A.2d 614, we affirmed the convictions but the Court of Appeals granted certiorari to consider the trial court's instructions as to the effect of drunkenness on the ability of the accused to form the specific intent required for these crimes, and reversed the convictions, Avey v. State, 249 Md. 385, 240 A.2d 107. Avey was again convicted of the two charges of assault with intent to murder and was sentenced to consecutive 12 year terms, after a jury trial in the Circuit Court for Prince George's County. The testimony at the second trial was not as complete as at the first trial, but the essential facts are as set out in the prior reported opinions. We will not repeat them here, except as necessary to discuss the particular issues raised.

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