Mock v. State

The appellant, Kenneth C. Mock, was convicted of murder in the second degree by a jury in the Circuit Court for Mont gomery County and sentenced to eighteen years in the Maryland Penitentiary. His only contention on this appeal is that the trial judge erred in failing to instruct the jury, as requested, that if it found that the defendant did not harbor malice by reason of being under the influence of alcohol, or if the jury had a reasonable doubt whether he harbored malice, it could not find him guilty of a higher offense than manslaughter.

The evidence adduced at the trial established that…