Opinion

Schochet v. State

  • 320 Md. 714
  • 580 A.2d 176
  • 1990 Md. LEXIS 161
Court
Court of Appeals of Maryland
Filed
Oct 9, 1990
Status
Published
Author
Chasanow
On the bench
Chasanow, Eldridge, Murphy
Cited by
36 cases
Authority
More cited than 7.5%

stating that “[gjeneral statutes ..., which, if given their broadest and most encompassing meaning, give rise to constitutional questions, have regularly been the subject of narrowing constructions so as to avoid the constitutional issues” and providing examples of such cases

How later courts described this case

  • stating that “[gjeneral statutes ..., which, if given their broadest and most encompassing meaning, give rise to constitutional questions, have regularly been the subject of narrowing constructions so as to avoid the constitutional issues” and providing examples of such cases
  • stating that "[g]eneral statutes ..., which, if given their broadest and most encompassing meaning, give rise to constitutional questions, have regularly been the subject of narrowing constructions so as to avoid the constitutional issues" and providing examples of such cases
  • referring to the defendant's being charged with "fellatio, in violation of Art. 27, § 554," and referring to the fact that "cases in this Court have upheld convictions under § 554 based on engaging or attempting to engage in fellatio"
  • referring to the defendant being charged with "fellatio, in violation of Art. 27, § 554," and referring to the fact that "cases in this Court have upheld convictions under § 554 based on engaging or attempting to engage in fellatio"

Written by the judges who cited it.

Distinguished

  • Distinguished by State v. Lancaster, 332 Md. 385 (1993)

    The holding in Schochet is inapposite to any issue in the case sub judice.
    Court of Appeals of MarylandOct 7, 1993Read it

The opinion

CHASANOW, Judge,

concurring:

I concur in the judgment in this case for the reasons stated by Judge Wilner in his dissenting opinion in Schochet v. State, 75 Md.App. 314 , 541 A.2d 183 (1988).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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