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TRIPP v. STATE

No. 1028, September Term, 1976.

36 Md. App. 459 (1977)

374 A.2d 384

WILLIE TRIPP, THE YOUNGER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 13, 1977.

Attorney(s) appearing for the Case

James M. Kramon, Assigned Public Defender, with whom were Kramon & Graham on the brief, for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Sam Brave, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

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

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

Murder, which is unmitigated homicide, stands higher on the ladder of culpability than manslaughter, which is mitigated homicide. Because the negative element of non-mitigation is initially presumed, Evans v. State, 28 Md.App. 640, 722-730, 349 A.2d 300, and need not be proved unless and until a genuine jury question as to mitigation has been...

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