Legal Question in Criminal Law in Maryland

MD Declaration of Rights: Article 23: In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, EXCEPT THAT THE COURT MAY PASS UPON THE SUFFICIENCY OF THE EVIDENCE TO SUSTAIN A CONVICTION.(emphasis mine)

What does the last clause mean with respect to the whole?

Asked on 7/05/13, 2:54 pm

1 Answer from Attorneys

Thomas Valkenet Young & Valkenet

The judge decides if there is an issue for the jury to decide. If the evidence is not sufficient to base a finding of guilt, he can take it from the jury.

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Answered on 7/07/13, 9:43 am

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