Court of Appeals of Maryland.https://leagle.com/images/logo.png
Decided July 15, 1976.
Decided July 15, 1976.
Attorney(s) appearing for the Case
Clarence W. Sharp and Michael James Kelly, Assistant Attorneys General, with whom were Francis B. Burch, Attorney General, and Deborah K. Handel, Assistant Attorney General, on the brief, for appellant.
Alan H. Murrell, Public Defender, George E. Burns, Jr., Assistant Public Defender, and William H. Murphy, Jr., for appellee.
The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.
Court of Appeals of Maryland.
MURPHY, C.J., delivered the opinion of the Court.
In Mullaney v. Wilbur,421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508, decided June 9, 1975, the Supreme Court held that a Maine jury instruction which required a defendant charged with murder to prove, by a preponderance of the evidence, that he acted "in the heat of passion on sudden provocation" in order to reduce the homicide to manslaughter violated the rule of In re Winship...
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