Friday, February 3, 2012
Criminal Law Professors may find some things of interest in a decision handed down by the Maryland Court of Special Appeals.
The defendant bought some marijuana using fake money. When the seller discovered this, he chased after the defendant. The seller fired a weapon at the buyer and killed a bystander.
The defendant was convicted of misdemeanor possession of marijuana, felony distribution (on a theory that the buyer aids and abets the seller's felony) and felony murder.
Calling the questions of the distribution and murder convictions issues of first impression, the court found the evidence insufficient and reversed both counts. (Mike Frisch)