State v. Ward

396 A.2d 1041 (1978)

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State v. Ward

Maryland Court of Appeals
396 A.2d 1041 (1978)

SR
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Facts

Harry Brockman and David Maness were indicted for the murder of Gerald Godbout. Brockman and Maness pleaded guilty to second-degree murder, which under Maryland law includes intentional killings committed without premeditation. James Ward (defendant) was later charged as an accessory before the fact to Godbout's murder. The indictment alleged that Ward aided and counseled Brockman and Maness to commit the murder. Ward moved to dismiss the indictment, arguing that the indictment was defective because a person cannot be an accessory before the fact to an unpremeditated killing. The trial court dismissed the indictment, and the State of Maryland (plaintiff) appealed to the Maryland Court of Special Appeals. The Maryland Court of Appeals, Maryland's highest court, granted a writ of certiorari on its own motion to review the case.

Rule of Law

Issue

Holding and Reasoning (Orth, J.)

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