Alexander v. State
52 Md.App. 171, 451 A.2d 664 (1982)
Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Alexander (D) aided another prisoner whom he believed was being assaulted by guards without provocation. D only saw the guards attack and had not seen the original attack by his fellow prisoner. D was charged with assault. The court instructed the jury that D had the right of self-defense to the same degree as did the prisoner he came to defend because D stood in the shoes of the other prisoner. A state statute held that 'any person witnessing a violent assault upon the person of another may lawfully aid the person being assaulted by assisting in that person's defense.' No party at trial referred to that state statute. D was convicted of assault. D appealed.
Issues
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Legal Analysis
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