Court of Appeals of Maryland - 343 Md. 97, 680 A.2d 512
Dwight Ralph Smallwood was convicted of attempted second-degree murder and assault with intent to murder for sexually assaulting his victims during three separate armed robberies. He appealed, arguing that his HIV-positive status is not enough to infer an intent to kill. The State argued that Smallwood's HIV-positive status is equivalent to a deadly weapon, and engaging in unprotected sex is like firing a loaded firearm at the victim. The Court of Special Appeals upheld Smallwood's convictions, but the Court of Appeals granted certiorari to consider whether the trial court could properly conclude that Smallwood possessed the requisite intent to support his convictions. The court stated that to be convicted of attempted murder or assault with intent to murder, the perpetrator must have a specific intent to kill under circumstances that do not legally justify or excuse the killing or mitigate it to manslaughter. The use of a deadly weapon directed at a vital part of the human body can give rise to an evidentiary inference of an intent to murder. However, before inferring an intent to kill based solely on the defendant's exposure of a victim to a risk of death, it must be shown that the victim's death would have been a natural and probable result of the defendant's conduct.
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.