Adair v. State
| Decision Date | 04 April 1963 |
| Docket Number | No. 258,258 |
| Citation | 189 A.2d 618,231 Md. 255 |
| Parties | Jesse Lee ADAIR v. STATE of Maryland. |
| Court | Maryland Court of Appeals |
Arthur L. Rhoads, Jr., Baltimore, for appellant.
Russell R. Reno, Jr., Asst. Atty. Gen. (Thomas B. Finan, Atty. Gen., William J. O'Donnell, State's Atty., and Joseph G. Koutz, Asst. State's Atty., Baltimore, on the brief), for appellee.
Before BRUNE, C. J., and HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ.
Appellant was convicted by a jury of assault with intent to rape Florence Scheidt, and, under another indictment, of assault upon Mildred Harmon. He was sentenced to life imprisonment in the first case, and to twenty years' confinement in the second, the sentences to run consecutively.
The trial judge was correct in denying appellant's prayers relating to abandonment of purpose. The factual situation did not justify their being granted. Appellant's own testimony disclosed an assault with intent to rape. Cf. Duffin v. State, 229 Md. 434, 184 A.2d 624.
The sentence of twenty years' confinement for assault did not constitute 'cruel and unusual punishment' contrary to Articles 16 and 25 of the Maryland Declaration of Rights. Cf. Heath v. State, 198 Md. 455, 85 A.2d 43; Duff v. State, 229 Md. 126, 182 A.2d 349.
The fact that no members of the Negro race were upon the jury, alone, does not establish the denial of a fair and impartial trial. Giles v. State, 229 Md. 370, 183 A.2d 359.
The fourth and fifth questions, relating to the admissibility of evidence are not before us, no objection having been made below. Maryland Rule 522 d 2.
The bare allegations that appellant was 'a victim of circumstances,' and 'he now alleges that the State withheld evidence' do not require answers. The claim, not argued in his brief (Cf. Maryland Rule 831 d 4), that 'the pretrial psychiatric examination * * * [of appellant at the request of his counsel] was only of about fifteen minutes duration and consequently incomplete' was not raised below, hence it is not properly before us. Maryland Rules 885 and 772.
Judgments affirmed.
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Thomas v. State
...219 A.2d at 255. This Court also addressed whether a sentence for assault constituted cruel and unusual punishment in Adair v. State, 231 Md. 255, 189 A.2d 618 (1963). In Adair, the defendant was convicted of assault with intent to rape one victim and sentenced to life imprisonment. He was ......
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State v. Lancaster
...See Roberts v. Warden, 242 Md. 459, 219 A.2d 254, cert. denied, 385 U.S. 876, 87 S.Ct. 156, 17 L.Ed.2d 104 (1966); Adair v. State, 231 Md. 255, 189 A.2d 618 (1963). Assault with intent to rob and common law assault are deemed to be the same offense under the required evidence test. Although......
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Walker v. State
...this Court have sustained twenty-year sentences for common law assault against both constitutional and legal attacks. Adair v. State, 231 Md. 255, 189 A.2d 618 (1963); Roberts v. Warden, 242 Md. 459, 219 A.2d 254 (1966); 10 Brown v. State, 38 Md.App. 192, 379 A.2d 1231 (1977); Raley v. Stat......
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Roberts v. Collins
...1964); Roberts v. Warden, Civil No. 10,479 (D.Md.1967) aff'd, No. 11,201 (CA4 1967).7 The court apparently overlooked Adair v. State, 231 Md. 255, 189 A.2d 618 (1963).8 The district court found "a certain plausibility" in petitioner's hypothetical and once more repeated argument that, if hi......