ROWE v. STATE

[No. 98, September Term, 1963.]

234 Md. 295 (1964)

199 A.2d 785

ROWE v. STATE

Court of Appeals of Maryland.

Motion for rehearing filed May 6, 1964.

Denied May 12, 1964.


Attorney(s) appearing for the Case

Francis D. Murnaghan, Jr. (on both arguments) for the appellant.

Mathias J. DeVito, Assistant Attorney General (on both arguments), with whom were Thomas B. Finan, Attorney General, C. Burnam Mace, State's Attorney for Dorchester County, 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, PRESCOTT, HORNEY and MARBURY, JJ., and reargued before the entire Court.


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

The primary questions posed by this appeal arise out of the acceptance by the trial court of the jury verdict of "not guilty of murder in the first degree but guilty of murder in the second degree" on the issue of guilt or innocence despite the fact that the jury had found on the issues of sanity and insanity that the defendant was insane at the time of trial ("insane now") in addition to also finding that he...

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