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agree with, and that is that the four states in the Union

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are operating without this provision. I don't know how

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48 States in the Union are operating without this provision.

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Perhaps they have managed when they have eliminated this

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rule, they have managed to have other rules take its place

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that would have solve'd the questions I raised.

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I have raised these questions to Delegate Bothe

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and Delegate Moser, and the question was where you have

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inconsistent verdicts as was indicated as in the Green case,

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or in Sharpe and Hanson v. the United States, you have

instructions or where the evidence was clearly first

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degree could you have second degree and manslaughter instruc-

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tions, and they are not sure.

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Secondly, would this result in the United States

versus Green situation where if a jury found you not guilty

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of a first degree murder in a felony murder situation, and

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found you guilty of a second degree .murd er, that verdict

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could not stand, and if they tried you again for first

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degree murder, jeopardy attached.

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DELEGATE BOTHE: Is it your opinion, Delegate

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Willoner, that if this provision were removed from the State