Stevenson v. State

Eldridge, Cole and Davidson, JJ., dissent, Eldridge, J., filed a dissenting opinion at page 189 infra, in which Cole, J., concurs in Part III, and in which Davidson, J., concurs.

We granted certiorari in this criminal cause "limited solely to the question whether the trial court denied [the accused] the right to due process guaranteed by the XIV Amendment [to the United States Constitution] when it gave advisory rather than binding [jury] instructions.” In other words, our review here is confined to whether Article 23 of the Declaration of Rights to the Maryland Constitution, which provides…