Roary v. State

385 Md. 217, 867 A.2d 1095 (2005)

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Nature of the Case

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Facts

D, his cousin Charles Peters, 'Man,' and a friend, Charles Lucas, 'Bootsey,' were standing on a corner in Baltimore City when Bootsey mistakenly identified Banks as someone who recently robbed him. Bootsey said he was going to get a gun and Man said he would 'handle' it. After the victim left his mother's house, Man chased him around a car, firing several shots at him. Banks fled with all three men chasing him. Randolph Sheppard, 'Ink,' was standing nearby on Smithson Street and Ink tripped and began kicking and punching Banks. Man, Bootsey, and D joined in the beating. Man, then dropped a two and one-half foot wide and 20-30-pound boulder on Banks' head. Bootsey picked it up and dropped it on him a second time. An eyewitness testified that it was Ink, not Bootsey, who actually dropped the boulder. D's participation in the actual beating was limited to kicking Banks in the leg. D was found guilty of second-degree felony-murder in the course of a first-degree assault, involuntary manslaughter, first and second-degree assault, conspiracy, and transporting a handgun in a vehicle. D filed a timely appeal in the Court of Special Appeals, however, the court granted certiorari on our own motion before consideration of the matter in that court. D argues that first-degree assault is not an underlying felony which sustains a conviction for common law second-degree felony murder.