STATE v. HUTCHINSON

[No. 27, September Term, 1979.]

287 Md. 198 (1980)

411 A.2d 1035

STATE OF MARYLAND v. FREDERICK JEROME HUTCHINSON

Court of Appeals of Maryland.

Decided February 25, 1980.


Attorney(s) appearing for the Case

Deborah K. Handel, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellant.

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.


COLE, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH, J., dissent. SMITH, J., filed a dissenting opinion at page 209 infra, in which MURPHY, C.J., concurs.

In this case we are asked to decide whether the Court of Special Appeals erred in concluding that the instructions on permissible verdicts contained plain error material to the rights of the defendant.

Frederick Jerome Hutchinson, defendant, was convicted by a jury in the Criminal...

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