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GORE v. STATE

No. 58 September Term, 1986.

309 Md. 203 (1987)

522 A.2d 1338

WALTER ANTHONY GORE v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 1, 1987.

Attorney(s) appearing for the Case

Gary S. Offutt, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals (retired), Specially Assigned.

COUCH, Judge.

In this case we must determine whether a trial judge erred when he told a jury in a criminal case that

"one of the attorneys mentioned to you that the evidence was insufficient upon which you could make a finding of guilty as to a certain count. Sufficiency of the evidence is a matter of law. The Court decided that, not the Jury. Whether you believe that evidence beyond a reasonable doubt is for you to decide. But the counts could never go to...

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