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Session Laws, 1978
Volume 736, Page 13   View pdf image
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BLAIR LEE III, Acting Governor

13

(2) THE COURT SHALL INCLUDE IN ITS DECISION A
REFERENCE TO THE SIMILAR CASES WHICH IT CONSIDERED.

(G) THE COURT MAY ADOPT RULES OF PROCEDURE TO PROVIDE
FOR THE EXPEDITED REVIEW OF ALL DEATH SENTENCES PURSUANT TO
THIS SECTION.

616.

[(a) Except as provided in subsection (b) , in] IN any
indictment for murder or manslaughter, or for being an
accessory thereto, it shall not be necessary to set forth
the manner or means of death. It shall be sufficient to use
a formula substantially to the following effect: "That A.B.,

on the ..... day of ..... nineteen hundred and ....., at

the county aforesaid, feloniously (wilfully and of
deliberately premeditated malice aforethought) did kill (and
murder) CD. against the peace, government and dignity of
the State."

[(b) In any indictment for murder in which the State
seeks the imposition of the death penalty, the indictment
shall set forth a concise and definite statement of the
offense- This portion of the indictment shall be a separate
charge and may not be a part of any other count or charge.
It is sufficient to use a form substantially as follows:

"That A.B. on the .... day of .... nineteen hundred
and .... at the county aforesaid, feloniously, wilfully and
of deliberately premeditated malice aforethought, did murder
CD. against the peace, government and dignity of the
State; that he is the person who actually committed an act
which proximately caused the victim's death; that at the
time of the commission of the act, he was 18 years of age or
older; and that the murder was committed under the following
circumstances:

(Strike if not applicable)

(1)    At the time of the murder, the defendant
was confined or under sentence of confinement to a
correctional institution in this State;

(2)    The victim was a law—enforcement officer as
defined in Article 27, § 727, who was murdered while in the
performance of his duties or the defendant committed the
murder in furtherance of an attempt to escape from or evade
the lawful custody or detention of or by a correctional
officer or guard.

(3)    The victim was a hostage taken or attempted
to be taken in the course of a kidnapping or an attempt to
kidnap;

(4)    The victim was a child abducted in
violation of § 2 of Article 27 of the Annotated Code of
Maryland;

 

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Session Laws, 1978
Volume 736, Page 13   View pdf image
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