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Ch. 26
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2002 LAWS OF MARYLAND
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VIOLATION OF § 7-104 OF THE CRIMINAL LAW ARTICLE, AGAINST THE PEACE,
GOVERNMENT, AND DIGNITY OF THE STATE".
(B) TAKING A MOTOR VEHICLE.
AN INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING DOCUMENT
FOR THEFT UNDER THIS PART FOR TAKING A MOTOR VEHICLE UNDER § 7-105 OF
THIS PART IS SUFFICIENT IF IT SUBSTANTIALLY STATES: "(NAME OF DEFENDANT) ON
(DATE) IN (COUNTY) KNOWINGLY AND WILLFULLY TOOK A MOTOR VEHICLE OUT OF
(NAME OF VICTIM)'S LAWFUL CUSTODY, CONTROL, OR USE, WITHOUT THE CONSENT
OF (NAME OF VICTIM), IN VIOLATION OF § 7-105 OF THE CRIMINAL LAW ARTICLE,
AGAINST THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE.".
(C) BILL OF PARTICULARS.
IN A CASE IN THE CIRCUIT COURT IN WHICH THE GENERAL FORM OF
INDICTMENT OR INFORMATION IS USED TO CHARGE A DEFENDANT WITH A CRIME
UNDER THIS PART, THE DEFENDANT, ON TIMELY DEMAND, IS ENTITLED TO A BILL
OF PARTICULARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 344(a), (b), and (d).
In subsections (a) and (b) of this section, the former archaic phrases
"contrary to the form of the Act of Assembly in such case made and
provided" are deleted as surplusage.
In subsection (a) of this section, the references to "$500" are substituted for
the former obsolete references to "$300" for accuracy. See Ch. 288, Acts of
2000.
In subsection (c) of this section, the reference to the use of a charging
document to charge "a defendant with" a crime is added for clarity.
Defined terms: "County" § 1-101
"Motor vehicle" § 7-101
"Property" § 7-101
"Service" § 7-101
"Theft" § 7-101
7-109. PROOF OF THEFT.
(A) IN GENERAL.
SUBJECT TO SUBSECTION (B) OF THIS SECTION, A CHARGE OF THEFT MAY BE
PROVED BY EVIDENCE THAT THE THEFT WAS COMMITTED IN A MANNER THAT IS
THEFT UNDER THIS PART, EVEN IF A DIFFERENT MANNER IS SPECIFIED IN THE
INFORMATION, INDICTMENT, WARRANT, OR OTHER CHARGING DOCUMENT.
(B) CONTINUANCE OR OTHER RELIEF.
A COURT MAY GRANT A CONTINUANCE OR OTHER APPROPRIATE RELIEF:
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- 540 -
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