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Criminal Law Keyed to Gershowitz
Harrison v. State
Citation:
382 Md. 477, 855 A.2d 1220.Facts
The defendant engaged in a shooting on July 27, 2001. He and another person began firing in the direction of a person they knew as Valentine. However, Mr. James Cook was standing nearby and talking with friends and he was struck in the neck with a bullet. He survived.
The defendant was convicted of attempted second-degree murder. The lower court held that that the jury could infer that the defendant “intentionally created a ‘kill zone’ to accomplish the death of Valentine, the primary victim,” and, therefore, the jury could also infer that the defendant had a concurrent intent to kill Cook, who was among those “gathered at the scene of the crime.”
The defendant appealed, arguing that the evidence was not sufficient to support a conviction of attempted second-degree murder.
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