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BROGDEN v. STATE

No. 55, September Term, 2004.

866 A.2d 129 (2005)

384 Md. 631

Lionel BROGDEN v. STATE of Maryland.

Court of Appeals of Maryland.

January 18, 2005.

Attorney(s) appearing for the Case

Martha Weisheit, Assistant Public Defender (Stephen E. Harris, Public Defender, Baltimore), on brief, for petitioner.

Shannon E. Avery, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore), on brief, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE, JJ.

CATHELL, J.

This case concerns the propriety of a trial court's response in supplemental jury instructions to questions posed by the jury. Basically, we are considering whether it was reversible error for the trial court to explain to the jury a defense and its effect on the burden of proof as to a particular charge, where that defense was never proffered by the defendant, Lionel Brogden, petitioner.

On February 24...

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