Howell and Kaschenbach v. State

Lowe, J., dissents and filed a dissenting opinion at page 659 infra.

I

The primary issue in this appeal is whether the tear gas gun in this case is a handgun within the contemplation of Code, art. 27, § 36B (d), proscribing the unlawful use of a handgun in the commission of certain crimes. We hold that it is.

STATEMENT OF CASE

Lowell Douglas Howell, Jr. and Leonard Francis *648Kaschenbach, Jr., jointly tried at a bench trial in the Circuit Court for Baltimore County on 27 February 1975, were convicted of feloniously assaulting Merlin Harry Clough with intent to rob him, and of unlawfully using a…