State v. Fabritz

O’Donnell, J., dissents and filed a dissenting opinion at page 426 infra.

Maryland Code (1971 Repl. Vol., 1975 Cum. Supp.), Art. 27, § 35A (a) provides that any parent or other person having *418custody of a child under eighteen years of age “who causes abuse to such minor child” shall be guilty of a felony. The statute defines the term “abuse” in subsection (b)7 to mean:

“any physical injury or injuries sustained by a child as a result of cruel or inhumane treatment or as a result of malicious act or acts .. ..”

Virginia Lynnette Fabritz (Virginia) was charged with violating this statute by abusing…