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MONTGOMERY v. STATE

[No. 35, September Term, 1980.]

292 Md. 84 (1981)

437 A.2d 654

HERBERT BENJAMIN MONTGOMERY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided December 4, 1981.

Attorney(s) appearing for the Case

Louis P. Willemin, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Martha Weisheit, Assistant Public Defender, on the brief, for appellant.

Stephen B. Caplis, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

COLE, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., concur in the result. ELDRIDGE, J., filed a concurring opinion at page 96 infra, in which DAVIDSON, J., concurs.

We are asked to decide two issues in this case: (1) whether the trial judge erred in instructing the jury that his instructions were advisory and that they could pay absolutely no attention to what he told them about the law; (2) whether the trial judge erred in refusing to...

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