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Smallwood v. State

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Criminal Law Keyed to LaFave

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Bloomberg Law

Citation. 343 Md. 97,680 A.2d 512, 1996 Md.65 U.S.L.W. 2127

Brief Fact Summary. Appellant raped several women while he knew he was infected with the HIV virus. Appellant contests his convictions for attempted murder.

Synopsis of Rule of Law. Intent to kill under the proper circumstances can be inferred from the use of a deadly weapon directed at a vital part of the body.

Facts. Appellant tested positive for HIV. On three separate occasions, Appellant raped and robbed different woman. Appellant did not use a condom. Appellant was charged with rape, robbery, assault with intent to murder, and reckless endangerment. The trial court convicted Appellant on all counts. The Appellate Court agreed and Appellant appealed.

Issue. Whether there was sufficient circumstantial evidence to show that Appellant had the requisite intent for attempted murder.
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