Bartholomey v. State

I concur in the dissent of Judge Barnes, but I would add a few words of my own.

In a matter of constitutional proportions I do not think we should be placed in the position of having to guess at the holding of the highest Court in the land. In the absence of a clear cut holding from the Supreme Court of the United States on the death penalty arising from a state where, as in Maryland, the penalty is specified not by a jury, but by a judge or judges, and arising under circumstances approaching our cases, guessing is exactly what we are doing.

The majority in their opinion confirm the analysis of…