Davis v. State

The appellant, a fifteen year old boy, was convicted by a jury in the Criminal Court of Baltimore City of assault with intent to murder. His appeal relies on the claim that the trial court erred in refusing to charge the jury that to convict, it must find the existence of malice, or in other words, must find that if death had followed the assault, the crime committed would have been murder and not manslaughter.

The State produced testimony which showed that on a February afternoon, Tommy Davis, the appellant, with his brother and another boy, went to the movies and then to a vacant lot to…