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NEWBORN v. STATE

No. 249, September Term, 1975.

29 Md. App. 85 (1975)

349 A.2d 407

ROBERT NEWBORN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 28, 1975.

Attorney(s) appearing for the Case

William H. Murphy, Jr., for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, Dana M. Levitz, and Robert Lynott, Assistant State's Attorneys for Baltimore City, on the brief, for appellee.

The cause was argued before MOYLAN, POWERS and LOWE, JJ.

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

In yet another variation of the arguable impact of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), this case raises the question of the method by which a fair jury question is generated. The appellant, Robert Newborn, was convicted in the Criminal Court of Baltimore by a jury, presided over by Judge David Ross, of murder in the second degree. He does not...

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