supplementary instruction in Maryland

2003Although Ware touched on the youthful age mitigating factor, we ultimately disposed of that issue on waiver grounds finding that the asserted error of the trial judge in failing to give a supplementary instruction as to the meaning of the term “youthful age” had not been properly preserved for appellate review. 360 Md. at 692 , 759 A.2d at 786 .

2003Although Ware touched on the youthful age mitigating factor, we ultimately disposed of that issue on waiver grounds finding that the asserted error of the trial judge in failing to give a supplementary instruction as to the meaning of the term “youthful age” had not been properly preserved for appellate review. 360 Md. at 692 , 759 A.2d at 786 .

2002One of the reasons given by Horton for claiming error in the giving of a supplementary instruction on aiding and abetting was his claim “that the giving of the instruction was precluded by the government’s tactical decision not to advance a theory of aiding and abetting but instead to argue that Horton was the principal.” 921 F.2d at 543 .

2002The situation closely resembles- that before the Fourth Circuit in United States v. Horton, 921 F.2d 540 (4th Cir.1990).

2000After an extended discussion, the trial judge gave a supplementary instruction and “no exception was taken to the supplementary instructions.” In holding that the defendant’s challenge to the jury instructions had not been preserved for appellate review, Judge Orth said for this Court, 14 Md.App. at 565 , 288 A.2d 198 : He now construes the supplementary charge as telling the jury that they were not the judge of the law as it pertains to responsibility for criminal conduct but were bound by the statutory definition and that such definition could not be disregarded in arriving at a verdict.

2000After an extended discussion, the trial judge gave a supplementary instruction and “no exception was taken to the supplementary instructions.” In holding that the defendant’s challenge to the jury instructions had not been preserved for appellate review, Judge Orth said for this Court, 14 Md.App. at 565 , 288 A.2d 198 : He now construes the supplementary charge as telling the jury that they were not the judge of the law as it pertains to responsibility for criminal conduct but were bound by the statutory definition and that such definition could not be disregarded in arriving at a verdict.

1972App. 51 , 258 A. 2d 50 , where we felt the erroneous instructions “were not so material to the rights of the appellant as to constitute reversible error.” While it may be said with some logic that the prejudicial effect of an erroneous instruction may not be fully overcome when a judge who, to the jury, is the oracle of the law, tells them that a few minutes ago he was wrong, and that the law really is something else, a defendant may be benefitted, and certainly is not hurt, when a judge, with the emphasis carried by the last *422 word, explains, in a supplementary instruction, some point or p

1971Regle v. State, 9 Md.