STATE v. DAUGHTON

No. 32, September Term, 1989.

321 Md. 206 (1990)

582 A.2d 521

STATE OF MARYLAND v. RICKY R. DAUGHTON.

Court of Appeals of Maryland.

December 5, 1990.


Attorney(s) appearing for the Case

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for petitioner.

Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


COLE, Judge.

In this case we are asked to decide whether the trial court committed plain error in failing to instruct the jury that it could find the defendant not guilty.

The parties have agreed on a statement of facts. Ricky Daughton was charged with two counts of murder. A jury trial was conducted over a three day period in the Circuit Court for Baltimore City. At the conclusion of the evidentiary phase of the trial, the trial judge proceeded to instruct...

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