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DAVIS v. STATE

No. 1116, September Term, 1980.

48 Md. App. 474 (1981)

427 A.2d 1085

RALPH DUPONT DAVIS AND STEVEN GEORGE THOMAS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 14, 1981.

Attorney(s) appearing for the Case

Gary W. Christopher, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellants.

Michael A. Anselmi, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Mark Cohen, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and THOMPSON and MOYLAN, JJ.

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

Article 23 of the Declaration of Rights to the Maryland Constitution provides that a jury in a criminal case "shall be Judges of Law, as well as the fact." The Court of Appeals in Stevenson v. State, Md., 423 A.2d 558 (1980), has very recently (December 17, 1980), considerably altered the application of this provision of our Constitution...

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