Adams v. State, No. 147

CourtCourt of Appeals of Maryland
Writing for the CourtBefore SOBELOFF; DELAPLAINE
Citation97 A.2d 281,202 Md. 455
Decision Date10 June 1953
Docket NumberNo. 147
PartiesADAMS v. STATE.

Page 455

202 Md. 455
97 A.2d 281
ADAMS

v.
STATE.
No. 147.
Court of Appeals of Maryland.
June 10, 1953.

Page 457

[97 A.2d 282] G. C. A. Anderson and Hilary W. Gans, Baltimore (Joseph H. A. Rogan and J. Francis Ford, Baltimore, on the brief), for appellant.

Ambrose T. Hartman, Asst. Atty. Gen. (Edward D. E. Rollins, Atty. Gen., Anselm Sodaro, State's Atty., W. H. Maynard and Wm. C. Rogers, Jr., Asst. State's Attys., Baltimore, on the brief), for appellee.

Before SOBELOFF, C. J., and DELAPLAINE, COLLINS and HENDERSON, JJ.

DELAPLAINE, Judge.

This is the appeal of William Adams from his conviction by the Criminal Court of Baltimore on an indictment charging that he and Walter Rouse, of Baltimore, on August 1, 1947, and thence continually until August 15, 1951, unlawfully conspired together, and with certain other persons to the jurors unknown, to violate the lottery laws of the State of Maryland. The Court, acting upon the motion of Rouse, ordered a severance. Adams was then tried by the Court sitting without a jury. He was found guilty and was sentenced to the Maryland Penitentiary for a term of seven years and to pay a fine of $2,000.

It appears that the State failed to produce any evidence that appellant had conspired with any one by the name of Rouse, but showed that appellant had conspired with Reuben Maurice Jones and other persons. Jones, the chief witness for the State, was one of the participants in a numbers business conducted on Calhoun Street from November, 1947, until March, 1948. He testified that on November 1, 1947, appellant phoned him that if he would call to see Milton Foster, he could get a job in that business that would pay him a commission of 25 per cent of the profits. Jones called at Foster's home on November 2 and started to work on November 3. He kept the accounts of eight men who were 'getting

Page 458

the numbers business out in the street,' and after each day's work he took the money to his home. Whenever he accumulated about a thousand dollars, he would take it to the Adams Realty Company on Pennsylvania Avenue, where appellant had his private office. He testified that at one time the pile of cash in the safe at the Adams Realty Company amounted to $29,000. However, on March 20, 1948, according to his testimony, he quitted the business. He recalled that he walked into appellant's private office, threw the books on the table and said to him: 'I am through with this job. There is not any future in it whatsoever.'

Jones further testified that one day in October, 1949, while playing golf in Carroll Park, he was talking with appellant about the gambling business. He testified: 'I was kidding him about numbers 500 and 501 hit just before Labor Day.' He further testified that appellant told him that he could get a job in a new numbers business, whereupon he replied: 'I feel that numbers you are paying too much 7 to 1. * * * I felt it should have been 6 to 1, if he was going to operate. In that way you would have more plush or margin on which to sustain those big numbers when you hit like 500 or 501.'

Jones finally testified that in June, 1950, he attended two meetings held in the office of the Adams Realty Company to consider starting a new numbers business. At those meetings he declared that he would not work in any numbers business unless it paid him a commission of 25 per cent of the profits and the numbers paid only 6 to 1, as 'that was the only way anybody in Baltimore is going to really make money out of the numbers business.'

The clear inference can be drawn from these conversations between appellant and Jones that appellant was still unlawfully conspiring as late as June, 1950.

One of the early rules of the common law was that the name of a person necessary for complete description of a crime should be stated in the indictment, if [97 A.2d 283] the name of such person is known. The obvious reason for

Page 459

this rule is that every person indicted for a crime is entitled to be informed of the nature of the charge as precisely as possible to enable him to properly prepare his defense. State v. Rappise, 3 N.J.Super. 30, 65 A.2d 266. However, in order to prevent a failure of justice, it is now generally accepted that if the name of a person necessary for complete description of a crime is unknown to the grand jurors, they are justified in alleging that the name of such person...

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25 practice notes
  • McMillian v. State, No. 260
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...one reason or another his co-conspirator is either not tried or not convicted. Id. In that regard, the court pointed to Adams v. State, 202 Md. 455, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954), in which it previously had held that it was prope......
  • McMillian v. State, No. 13
    • United States
    • Court of Appeals of Maryland
    • September 1, 1991
    ...case, however, Page 292 no repugnancy in the record exists that requires that McMillian be acquitted. For, as we stated in Adams v. State, 202 Md. 455, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954): "[W]here an indictment alleges that two d......
  • Rudder v. State, No. 0286, September Term, 2007.
    • United States
    • Court of Special Appeals of Maryland
    • September 9, 2008
    ...supplied). Robinson v. State, 229 Md. 503, 184 A.2d 814 (1962); Rouse v. State, 202 Md. 481, 484, 97 A.2d 285 (1953); Adams v. State, 202 Md. 455, 97 A.2d 281 (1953); Scarlett v. State, 201 Md. 310, 315, 93 A.2d 753 (1953); McGuire v. State, 200 Md. 601, 603-04, 92 A.2d 582 (1952); Gillespi......
  • Hof v. State, No. 952
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1992
    ...oneself. Blum v. State, 94 Md. 375, 382-383, 51 A. 26 (1902); Bass v. State, 182 Md. 496, 500-501, 35 A.2d 155 (1943); Adams v. State, 202 Md. 455, 460-463, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954); Brown v. State, 233 Md. 288, 296, 196 A.2......
  • Request a trial to view additional results
25 cases
  • McMillian v. State, No. 260
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...one reason or another his co-conspirator is either not tried or not convicted. Id. In that regard, the court pointed to Adams v. State, 202 Md. 455, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954), in which it previously had held that it was prope......
  • McMillian v. State, No. 13
    • United States
    • Court of Appeals of Maryland
    • September 1, 1991
    ...case, however, Page 292 no repugnancy in the record exists that requires that McMillian be acquitted. For, as we stated in Adams v. State, 202 Md. 455, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954): "[W]here an indictment alleges that two d......
  • Rudder v. State, No. 0286, September Term, 2007.
    • United States
    • Court of Special Appeals of Maryland
    • September 9, 2008
    ...supplied). Robinson v. State, 229 Md. 503, 184 A.2d 814 (1962); Rouse v. State, 202 Md. 481, 484, 97 A.2d 285 (1953); Adams v. State, 202 Md. 455, 97 A.2d 281 (1953); Scarlett v. State, 201 Md. 310, 315, 93 A.2d 753 (1953); McGuire v. State, 200 Md. 601, 603-04, 92 A.2d 582 (1952); Gillespi......
  • Hof v. State, No. 952
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1992
    ...oneself. Blum v. State, 94 Md. 375, 382-383, 51 A. 26 (1902); Bass v. State, 182 Md. 496, 500-501, 35 A.2d 155 (1943); Adams v. State, 202 Md. 455, 460-463, 97 A.2d 281 (1953), rev'd on other grounds, 347 U.S. 179, 74 S.Ct. 442, 98 L.Ed. 608 (1954); Brown v. State, 233 Md. 288, 296, 196 A.2......
  • Request a trial to view additional results

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