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State v. Evans

Citations

  • 362 A.2d 629
  • 278 Md. 197
  • 1976 Md. LEXIS 621

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that it is improper to infer malice from the directing of a deadly weapon at a vital part of the human anatomy because the use of deadly force does not itself negate the absence of mitigating circumstances
  • observing that “Maryland has consistently held that [jury] instructions need not and should not be given on particular defenses unless and until there is evidence sufficient to generate a legitimate jury issue with respect to a particular defense”
  • observing that \Maryland has consistently held that [jury] instructions need not and should not be given on particular defenses unless and until there is evidence sufficient to generate a legitimate jury issue with respect to a particular defense\
  • “Under such an indictment the accused could be found guilty of the lesser offenses of murder in the second degree and manslaughter”
  • “Under such an indictment [charging that defendant ‘feloniously, willfully, and of deliberately premeditated malice aforethought’ murdered victim] the accused could be found guilty of the lesser offenses of murder in the second degree and manslaughter.”
  • aff'g Evans v. State, 28 Md.App. 640, 349 A.2d 300 (1975)

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Singley, Smith, Digges, Levine, Eldridge, O'Donnell

Read full opinion on CourtListener

Cited by

153 cases in this archive cite this case; the 20 most cited are listed.

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