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DAVIS v. STATE

[No. 100, September Term, 1978.]

285 Md. 19 (1979)

400 A.2d 406

LORENZO DAVIS, JR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Jess G. Schiffmann, Assistant Public Defender, on the brief, for appellant.

Alice G. Pinderhughes, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH and COLE, JJ.

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

This appeal revolves around a portion of the instructions given to the jury by the Criminal Court of Baltimore in the trial of Lorenzo Davis, Jr. thirteen years ago. The court advised the jury:

If the jury considering all the evidence, inculpatory and exculpatory, entertain a reasonable doubt of the defendant's participation in the crime, they should acquit him. Thus a defendant is entitled to acquittal if the...

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