Jenkins v. State

WILNER, Judge.

This appeal requires us to consider the relationship between the crimes of assault with intent to murder (Md.Code Ann. art. 27, § 12) and assault with intent to maim, disfig ure, or disable (art. 27, § 386). We shall conclude, as a general rule, that, when arising from a single act, these crimes are inconsistent. A person cannot, in other words, based on a single act that might serve to establish either crime, be convicted of and sentenced for both.

On the afternoon of May 13, 1983, Alfred Claggett and a friend Mike Sharps drove to a store in Sunderland, Maryland. Claggett got…