Brooks v. State

The issue in this case is whether the “required evidence test” or the “actual evidence test” is the general standard under Maryland law for determining whether one criminal offense merges into another.

The defendant Brooks was charged in the Circuit Court for Wicomico County with assault with intent to murder John Frank Williams, in violation of Maryland Code (1957, 1976 Repl. Vol.), Art. 27, § 12, and with carrying a deadly weapon openly with intent to injure Williams, in violation of Art. 27, § 36. At the defendant’s non-jury trial, the victim Williams testified that he, Catherine Anderson,…