Hawkins v. State

Murphy, C. J., and Rodowsky, J., concur in part and dissent in part. Rodowsky, J., filed a concurring and dissenting opinion at page 696 infra, in which Murphy, C. J. concurs.

We granted the defendant’s petition for a writ of certiorari in this criminal case primarily to resolve the question of whether a defendant, charged with one offense, may be convicted of a lesser included offense even though the lesser included offense was not mentioned in the charging document. This issue has been a recurring one in Maryland, but this Court has not yet had an occasion to decide it.1 See the discussion…