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Harrison v. State

855 A.2d 1220 (2004)

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Harrison v. State

Maryland Court of Appeals

855 A.2d 1220 (2004)

Facts

The State of Maryland (plaintiff) prosecuted Gerard Harrison (defendant) for attempted murder. The agreed facts were that Harrison (defendant) intentionally fired six shots at a man known as Valentine, missing him but accidentally hitting and wounding James Cook. The evidence did not establish exactly where Cook stood when he was shot. To obtain a conviction, the state had to show that Harrison specifically intended to kill Valentine, and not merely that Harrison meant to wound Valentine or acted in reckless disregard for human life. The trial judge found that Harrison intended to kill Valentine and that, although Harrison succeeded only in wounding Cook, he was guilty of attempted murder under both the transferred-intent doctrine and the concurrent-intent doctrine. Harrison appealed. An intermediate appellate court upheld Harrison's conviction and he appealed to the Maryland Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Battaglia, J.)

Dissent (Raker, J.)

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