GIROUARD v. STATE

No. 65, September Term, 1989.

321 Md. 532 (1991)

583 A.2d 718

STEVEN SAUNDERS GIROUARD v. STATE OF MARYLAND.

Court of Appeals of Maryland.

January 8, 1991.


Attorney(s) appearing for the Case

Nancy S. Forster, Asst. Public Defender and George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, J. Theodore Wiesman, Dist. Public Defender, all on brief), Baltimore, for petitioner.

Valerie J. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., ELDRIDGE and RODOWSKY, JJ., and COLE, ADKINS, BLACKWELL and MARVIN H. SMITH (retired), Court of Appeals Judges, Specially Assigned.


COLE, Judge.

In this case we are asked to reconsider whether the types of provocation sufficient to mitigate the crime of murder to manslaughter should be limited to the categories we have heretofore recognized, or whether the sufficiency of the provocation should be decided by the factfinder on a case-by-case basis. Specifically, we must determine whether words alone are provocation adequate to justify a conviction of manslaughter rather than one of second degree...

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