STATE v. McKAY

[No. 108, September Term, 1976.]

280 Md. 558 (1977)

375 A.2d 228

STATE OF MARYLAND v. JOHNNY McKAY

Court of Appeals of Maryland.

Decided July 5, 1977.


Attorney(s) appearing for the Case

Clarence W. Sharp, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Deborah K. Handel, Assistant Attorney General, on the brief, for appellant.

Martha Villmoare, with whom were Alan H. Murrell, Public Defender, Arnold M. Zerwitz and George E. Burns, Jr., Assistant Public Defenders, on the brief, for appellee.

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


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

We granted certiorari in this case primarily to decide whether unanimity of a jury verdict under the Maryland Constitution is an imperative requirement that cannot be waived by the defendant in a criminal case. Following appellee's purported waiver of jury unanimity, he was convicted of robbery by a nine-to-three vote of a jury in the Criminal Court of Baltimore. He then appealed the conviction to the Court of Special...

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