SIDBURY v. STATE

No. 86, September Term, 2009.

994 A.2d 948 (2010)

414 Md. 180

Herbert Roosevelt SIDBURY v. STATE of Maryland.

Court of Appeals of Maryland.

May 12, 2010.


Attorney(s) appearing for the Case

Brian M. Saccenti, Asst. Public Defender (Elizabeth L. Julian, Acting Public Defender, Baltimore, MD), on brief for Petitioner.

Ryan R. Dietrich, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief for Respondent.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


BATTAGLIA, Judge.

In the present case, involving a first degree murder conviction, we are called upon to address one question on certiorari, that being:

Did the trial court err in failing to appropriately respond to the jury question: "Judge, if the jury is hung on the degree of murder "first or second," will the defendant go free?"

Sidbury v. State, 410 Md. 559,

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