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DAVIS v. STATE

[No. 25, September Term, 1964.]

236 Md. 389 (1964)

204 A.2d 76

DAVIS v. STATE

Court of Appeals of Maryland.

Decided October 22, 1964.

Attorney(s) appearing for the Case

John F. McAuliffe, with whom were Robert C. Heeney and Heeney & McAuliffe on the brief, for the appellant.

Robert L. Karwacki, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Leonard T. Kardy and Charles Foster, State's Attorney and Assistant State's Attorney, respectively, for Montgomery County, on the brief, for the appellee.

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

MARBURY, J., delivered the opinion of the Court. HAMMOND, J., dissents. Dissenting opinion at page 399, infra.

Walter Clyde Davis, Jr., appellant, was convicted of manslaughter by a jury in the Circuit Court for Caroline County. The indictment was for murder. However, the court granted the appellant's motion for judgment of acquittal of murder in the first degree, submitting to the jury the remaining degrees of homicide. He was sentenced to the Maryland Penitentiary...

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