Claggett v. State

HOLLANDER, Judge.

Appellant, Alfred Claggett, was convicted by a jury sitting in the Circuit Court for Calvert County of assault with intent to prevent lawful apprehension, in violation of Md.Ann.Code art. 27, § 386 (1992), and common law battery. On January 13, 1995, appellant was sentenced to concurrent ten-year terms of incarceration, with all but five years suspended. Appellant noted a timely appeal and asks the following questions of this Court:

I. Did the trial court’s failure to instruct the jury that assault with intent to prevent lawful apprehension may be committed only against a…