Dimery v. State

O’Donnell, J,

dissenting:

I regret that in this sordid and twice-tried case I must dissent from the conclusion reached by my learned brethren.

Just as under an indictment charging murder in the statutory form prescribed in Maryland Code (1957, 1971 Repl. Vol.) Art. 27, § 616, the jury has a right to return any one of five verdicts: (a) guilty of murder in the first degree, (b) guilty of murder in the first degree, “without capital punishment” (as provided in Art. 27, § 413), (c) guilty of murder in the second degree, (d) not guilty of murder, guilty of manslaughter 1 and (e) not guilty (Jones v.…