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Keywords

defendantappealtrialverdictmotion

appealtrialbeyond a reasonable doubtjury trial

Related Cases

Mack v. State, 300 Md. 583, 479 A.2d 1344

Facts

On July 29, 1981, Verina Lee Mack was charged with multiple counts including assault with intent to murder and use of a handgun in the commission of a crime of violence. During the trial, Mack admitted to shooting the victim but claimed self-defense. The jury found him guilty of assault and battery and carrying a handgun, but not guilty of the more serious assault charges, yet still convicted him of using a handgun in a crime of violence, leading to a motion for a new trial based on the inconsistency of the verdicts.

On 29 July 1981, the petitioner, Verina Lee Mack, was charged in a multicount indictment with 1) assault with intent to murder; 2) assault with intent to maim; 3) assault and battery; 4) carrying a handgun; and 5) use of a handgun in the commission of a crime of violence (use of a handgun). During a jury trial held in the Circuit Court for Prince George's County, the petitioner conceded that he had shot and injured the victim.

Issue

Whether the trial court was required to instruct the jury that a defendant cannot be found guilty of using a handgun in the commission of a crime of violence if found not guilty of the underlying crime of violence.

The primary question presented in this case is whether under Maryland Rule 4–325(c) a trial court in a criminal case must, if requested by the accused, instruct a jury that an accused cannot be found guilty of use of a handgun in the commission of a crime of violence under Maryland Code (1957, 1982 Repl.Vol., 1983 Cum.Supp.), Art. 27, § 36B (d) if found not guilty of a crime of violence as defined in Maryland Code (1957, 1982 Repl.Vol., 1983 Cum.Supp.), Art. 27, § 441 (e).

Rule

Under Maryland Rule 4–325(c), a trial court must give a requested instruction that correctly states the applicable law and has not been fairly covered in the instructions actually given.

Maryland Rule 4–325(c) provides in pertinent part: 'The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding…. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.'

Analysis

The court analyzed whether the requested instruction was a correct statement of the law and applicable to the facts of the case. It concluded that the instruction was necessary to prevent the jury from rendering inconsistent verdicts, as a conviction for using a handgun in a crime of violence requires a prior conviction for the underlying crime of violence. The court found that the trial court's instructions, while not perfectly clear, sufficiently conveyed this principle.

Thus, this Court established as a matter of substantive law that use of a handgun in the commission of a crime of violence is a separate and distinct crime from the underlying crime of violence and that in order to convict an accused of use of a handgun in the commission of a crime of violence it is necessary that the trier of fact find beyond a reasonable doubt that the accused committed a crime of violence.

Conclusion

The Court of Appeals affirmed the judgments of the lower court, concluding that the trial court did not err in its instructions or in denying the motion for a new trial.

We shall affirm the judgments of the Court of Special Appeals.

Who won?

The State prevailed in the case as the court upheld the convictions against Mack, affirming the trial court's decisions.

Affirmed.

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