Alston v. State

RODOWSKY, Judge.

The petitioner, David L. Alston (Alston), was convicted by a jury in the Circuit Court for Baltimore City of, inter alia, second degree murder that had been submitted on the depraved heart theory. The Court of Special Appeals affirmed. Alston v. State, 101 Md.App. 47, 643 A.2d 468 (1994). Alston petitioned this Court to review “[wjhether the evidence was insufficient to sustain the charge of second degree murder where the victim was killed by a shot that was fired by a man against whom the petitioner was engaged in a gun battle.” We granted the writ of certiorari, and we shall…