Smallwood v. State

MURPHY, Chief Judge.

In this case, we examine the use of circumstantial evidence to infer that a defendant possessed the intent to kill needed for a conviction of attempted murder or assault with intent to murder. We conclude that such an inference is not supportable under the facts of this case.

I

A

On August 29, 1991, Dwight Ralph Smallwood was diagnosed as being infected with the Human Immunodeficiency Virus (HIV). According to medical records from the Prince George’s County Detention Center, he had been informed of his HIV-positive status by September 25, 1991. In February 1992, a social…