Williams v. State

366 A.2d 399, 34 Md. App. 206, 1976 Md. App. LEXIS 323

• Court: Court of Special Appeals of Maryland
• Decided: December 9, 1976
• Docket: 46, September Term, 1976
• Status: Published

Opinions

Lowe, J.,

delivered the opinion of the Court. Moylan, J., concurs and filed a concurring opinion at page 207 infra.

The appellant, Buck Williams, was convicted by a Baltimore City jury, presided over by Judge Sol Friedman, of first-degree murder and of carrying a deadly weapon with intent to injure. Upon this appeal, he raises the single contention that the jury instructions erroneously allocated to him the burden of proof on the issue of self-defense in contravention of Mullaney v. Wilbur, 421 U. S. 684, 95 S. Ct. 1881, 44 L.Ed.2d 508 (1975). The appellant acknowledges that he made no objection to the instruction as given as is required by Maryland Rule 756 f. Notwithstanding the fact that under Rule 756 g there is nothing preserved for appellate review as a matter of right, he asks us in the exercise of our discretion to “take cognizance of and correct any plain error in the instructions, material to the rights of the accused even though such error was not objected to as provided by section f of this Rule.” Without any reasons needing to be assigned, we, in the exercise of our unfettered discretion, decline to do so. This is dispositive of the present appeal.

Judgments affirmed; costs to be paid by appellant.