Legal Opinion

Garcia v. State

Court of Special Appeals of Maryland

Decided November 3, 2021No. 2355/19Published

1Opinion of the Court

Roger Garcia v. State of Maryland, No. 2355, September Term, 2019. Opinion by Zic, J. FIRST-DEGREE PREMEDITATED MURDER — SECOND-DEGREE INTENT-TO-KILL MURDER — ACCESSORIES BEFORE THE FACT — DELIBERATION AND PREMEDITATION Second-degree intent-to-kill murder based on accessory-before-the-fact accomplice liability is a legally viable theory of murder. An accessory before the fact who personally harbors the intent to kill can aid in the perpetration of a killing without the awareness and reflection necessary to justify a finding of deliberation and premeditation as is required for first-degree…

2Cases cited31 opinions

  1. Tichnell v. StateCourt of Appeals of Maryland · 1980
  2. Schisler v. StateCourt of Appeals of Maryland · 2006
  3. Lewis v. StateCourt of Appeals of Maryland · 1979
  4. State v. FaulknerCourt of Appeals of Maryland · 1984
  5. Chaney v. StateCourt of Appeals of Maryland · 2007

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