GUNTHER v. STATE

[No. 241, September Term, 1961.]

228 Md. 404 (1962)

179 A.2d 880

GUNTHER v. STATE

Court of Appeals of Maryland.

Decided April 19, 1962.


Attorney(s) appearing for the Case

Patrick L. Rogan, Jr., with whom was Vaughn E. Richardson on the brief, for the appellant.

Robert S. Bourbon, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, and Alfred T. Truitt, Jr., State's Attorney for Wicomico County, on the brief, for the appellee.

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


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

In appealing his conviction of murder in the second degree, the defendant-appellant (Garnell Gunther) primarily challenges the correctness of the instructions of the trial court with respect to the law of self-defense.

Shortly before midnight on July 8, 1961, the defendant shot and killed his brother-in-law with a rifle. That he did so was not denied: instead the defendant claimed that he killed in self-defense...

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