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MOCK v. STATE

No. 69, September Term, 1967.

2 Md. App. 771 (1968)

237 A.2d 811

KENNETH C. MOCK v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided January 29, 1968.

Attorney(s) appearing for the Case

William J. Rowan, III, for appellant.

Dickee M. Howard, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Leonard T. Kardy, State's Attorney for Montgomery County, and Ronald F. McDonald, Jr., Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and MORTON, ORTH, and THOMPSON, JJ.

PER CURIAM:

The appellant, Kenneth C. Mock, was convicted of murder in the second degree by a jury in the Circuit Court for Montgomery County and sentenced to eighteen years in the Maryland Penitentiary. His only contention on this appeal is that the trial judge erred in failing to instruct the jury, as requested, that if it found that the defendant did not harbor malice by reason of being under the influence of alcohol...

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