Dillon v. State

Because in my view it was erroneous and prejudicial to have included in the jury charge the “Declaration of policy” contained in Maryland Code (1957, 1976 Repl. Vol.) Art. 27, § 36B (a), I respectfully dissent from the plurality opinion.

While there may be nothing inherently wrong with the inclusion of a statement of legislative purpose in jury instructions, neither does such matter, even when stated in a preamble or “Declaration of policy,” bear the special stamp of validity which the majority seems to accord it here in adopting what it calls the “Massachusetts view.” Rather, an instruction…