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WHITEHEAD v. STATE

No. 265, September Term, 1969.

9 Md. App. 7 (1970)

262 A.2d 316

WILLIAM WHITEHEAD v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided February 18, 1970.

Attorney(s) appearing for the Case

James F. Garrity for appellant.

Gilbert Rosenthal, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Gerald A. Kroop and Harriette Cohen, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

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

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

William Whitehead does not deny that he killed Robert Carter Barrett. But he urges that he is not culpable because he killed in self-defense. With this we do not agree. He argues in the alternative that, if he is culpable, the crime is not murder in the second degree as found at a court trial in the Criminal Court of Baltimore. With this we agree. The judgment is reversed and the case remanded for a new trial.

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