Abernathy v. State

In Abernathy v. State, 109 Md. App. 364, 675 A.2d 115 (1996), Vincent Abernathy was convicted, inter alia, of attempted second degree murder after he indiscriminately discharged a handgun into a group of people, injuring an innocent pedestrian. On appeal, the defendant argued that he had been wrongfully convicted of a nonexistent crime. The Court affirmed the vitality of the offense of attempted second degree murder, but rejected the contention that a depraved heart state of mind was sufficient to support a conviction for that offense. Id. at 371. Writing for the Court, Judge Moylan reasoned: Although the mens rea of consummated criminal homicide (murder and manslaughter alike) has been multiplied by four, that is not the case with the mens rea of inchoate criminal homicide (attempted murder in either degree, attempted voluntary manslaughter, assault with intent to murder). The exclusive and indispensable mens rea of any of the inchoate criminal homicides is the specific intent to kill. In terms of its mens rea, the inchoate crime is far more austerely restricted than is the consummated crime. Id. at 373.