DORSEY v. STATE

[No. 171, September Term, 1975.]

278 Md. 221 (1976)

362 A.2d 642

DORSEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided July 15, 1976.


Attorney(s) appearing for the Case

Harold I. Glaser, with whom was Richard M. Karceski on the brief, for appellant.

Arrie W. Davis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


MURPHY, C.J., delivered the opinion of the Court. ELDRIDGE, J., concurs in the result and filed a concurring opinion at page 226 infra.

Appellant Dorsey and Isaiah Wilson were found guilty by a jury of conspiracy to commit murder and murder in the first degree. On appeal to the Court of Special Appeals, they claimed that the jury instructions dealing with the presumption of malice, and which placed upon them the burden of proving such mitigation as would negate...

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