Evans v. State

In this case, we pen a sequel to Chen v. State, 370 Md. 99, 803 A.2d 518 (2002), a case in which we determined that a provision that prohibited an activity and a separate provision that penalized that same activity, though separated during a recodification, could nonetheless be read in pari materia as penalizing the act of possessing unstamped cigarettes. We now address whether a statute criminalizing conduct, which does not contain or have a related penalty provision, as a result of substantive revisions by the Legislature, can constitute a crime.

Petitioner, Leroy Evans, Jr., seeks to…