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WYLEY v. WARDEN, MARYLAND PENITENTIARY

No. 10710.

372 F.2d 742 (1967)

Rodger WYLEY, #3253, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1967.

Attorney(s) appearing for the Case

Mathias J. DeVito, Baltimore, Md., (Court-assigned counsel) for appellant.

Carville M. Downes, Special Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and CRAVEN, Circuit Judges.

SOBELOFF, Circuit Judge:

This appeal by a state prisoner attacks on federal constitutional grounds Article XV, section 5 of the Constitution of Maryland which leaves to the jury the final determination of the law as well as the facts in a criminal trial. The provision reads as follows:

In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain...

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