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ARMSTEAD v. STATE

[No. 64, September Term, 1961.]

227 Md. 73 (1961)

175 A.2d 24

ARMSTEAD v. STATE

Court of Appeals of Maryland.

Decided November 20, 1961.

Attorney(s) appearing for the Case

Joseph Rosenthal and Harold Buchman, with whom were Norman N. Yankellow and Lawrence B. Coshnear on the brief, for the appellant.

Joseph S. Kaufman, Deputy Attorney General, with whom were Thomas B. Finan, Attorney General, Saul A. Harris, State's Attorney for Baltimore City, and Dene L. Lusby, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and MARBURY, JJ.

PRESCOTT, J., delivered the opinion of the Court.

This appeal involves another attempt to have the Court of Appeals abandon the well-established rule relating to legal sanity laid down in Spencer v. State, 69 Md. 28, 13 A. 809, and to have us adopt, by judicial fiat, a broader formula or test in determining criminal responsibility in Maryland.

The appellant was found guilty of murder in the first degree by Judge Foster, sitting without a jury, in the...

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