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Hopkins v. State | 69 A.2d 456 (1949)
If a person engages in obviously delinquent conduct, such as murder, there’s little doubt the person is aware the conduct is criminal. But there are situations where the criminality of a person’s conduct isn’t as obvious. In Hopkins versus State, we explore whether a person’s genuine, but mistaken, belief that his or her conduct was legal is a defense to criminal liability.
To combat an influx of out-of-state couples coming to Maryland to be married, the state adopted a law making it illegal to build or maintain billboards, signs, or other advertising displays intended to facilitate the solicitation or performance of marriages. Reverend William Hopkins, a Maryland resident, contacted a state’s attorney to ask whether it would violate that law to install a sign in front of his home saying, quote, “Rev. W. F. Hopkins,” unquote, and another along a highway saying, quote, “W. F. Hopkins, Notary Public, Information,” unquote. After the state’s attorney assured Hopkins that such signs were legal, Hopkins had them installed. But shortly thereafter, Hopkins was charged with violating the statute.
At trial, Hopkins argued, among other things, that he shouldn’t be liable because he relied on the state’s attorney’s erroneous advice. But the judge excluded testimony regarding the state’s attorney’s advice, holding that reliance on such advice was no defense to criminal liability.
Hopkins was subsequently convicted. He appealed to the Maryland Court of Appeals, the state’s highest court, arguing that the trial judge erred in excluding the testimony regarding the state’s attorney’s advice.
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