Alexander v. State

52 Md.App. 171, 451 A.2d 664 (1982)

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Nature of the Case

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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.