Friday, October 12, 2012

Alexander v. State case brief

Alexander v. State
52 Md.App. 171, 447 A.2d 880, 294 Md. 600, 451 A.2d 664 (1982)

-D was convicted of an assault on a correctional officer.
-There was an altercation between Shreeves and the officer, which D only saw the part which the officer was assaulting Shreeves.

ISSUE: Did the trial court err when it instructed the jury in regard to the law applicable to the defense theory that appellant intervened to aid the apparent victim of an assault?


REASON: If Shreeves had the right to defend himself, then Alexander had the right to go help him defend himself; if Shreeves did not have the right to defend himself, then Alexander didn’t have the right to go help Shreeves defend himself.

Conclusion: The conviction was reversed
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