10,033

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provision is unnecessary and that it harms the accused as

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much as it helps him.

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DELEGATE JAMES: Anyone wish to speak against the

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amendment? Delegate Willoner?

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DELEGATE WILLONER: Mr. Chairman, when I spoke on

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this in presenting the majority report, I indicated to the

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body when I came down here that I thought this provision was

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archaic and outmoded until I began to do some research on

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it and began to develop some questions which I may add in

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discussing with Delegates Bothe and Moser have not been

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satisfactorily answered.

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The case of Sharp and Hanson v. The United States

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is a case of first degree murder where the judge was pre-

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cluded from instructing or refused to instruct on the issue

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of manslaughter.

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The Supreme Court held that this was appropriate

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since the evidence was only susceptible of one interpreta-

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tion, first degree murder, and therefore a manslaughter in-

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struction was inappropriate.

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We in Maryland do not follow that practice. I

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contend that when the Commission took this out of the present