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SQUIRE v. STATE

[No. 113, September Term, 1976.]

280 Md. 132 (1977)

368 A.2d 1019

JOHN HENRY SQUIRE v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 15, 1977.

Attorney(s) appearing for the Case

David B. Allen, with whom was Michael Bowen Mitchell on the brief, for appellant.

Gilbert H. Robinette, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

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

At the trial of petitioner John Henry Squire in the Criminal Court of Baltimore on charges of assault with intent to murder and unlawful use of a handgun, the trial judge, without objection, instructed the jury that:

The burden of proof of proving self-defense is on the Defendant, not upon the State, although this burden by the Defendant may be fulfilled by a preponderance of the credible evidence; in other...

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