Boone v. State

• Decision Date: 27 November 1967
• Docket Number: No. 45,45
• Citation: 235 A.2d 567,2 Md.App. 479
• Parties: Franklin George BOONE v. STATE of Maryland.
• Court: Court of Special Appeals of Maryland

Page 479

2 Md.App. 479

235 A.2d 567

Franklin George BOONE v. STATE of Maryland.

No. 45.

Court of Special Appeals of Maryland.

Nov. 27, 1967.

Lee N. Sachs, Baltimore, with Solomon Liss, Baltimore, on brief, for appellant.

Lewis A. Noonberg, Asst. Atty. Gen., Francis B. Burch, Atty. Gen., Charles E. Moylan, Jr., and Alan Lipson, State's Atty., and Asst. State's Atty., for Baltimore City, respectively, Baltimore, for appellee.

Before MURPHY, C. J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

PER CURIAM.

Appellant, Franklin George Boone, complains of his conviction of robbery with a dangerous and deadly weapon in a non-jury case in the Criminal Court of Baltimore, as a result of which he was sentenced to fifteen years in the Maryland Penitentiary.

Appellant's sole contention on appeal is that his motion to suppress the evidence was improperly denied.

On August 13, 1965, at 5:25 p.m., Phillip Fleischer had entered his car in the 2200 block of Brunt Street, in Baltimore, where he was robbed of his wallet by a 'colored man, approximately 24 years old, dark complexioned, thin mustache, and a black kerchief on his head.' Mr. Fleischer had something less than $110.00, including approximately 50 one dollar bills. At 5:30 p.m., the police broadcast for a man, wanted for holdup, who was 'male, colored, 24, dark complexion, white sport shirt with short sleeves, light mustache, processed hair with kerchief over same.' The broadcast also noted Mr. Fleischer's 'white 1963 Dodge, License No. ER 2297' was also taken. Officer Tricka, who responded, had knowledge of a similar robbery six days prior and that the description was of a man 35 to 40 years old, 5 11 tall, small mustache, white T-shirt and dark pants. In the prior incident, the stolen vehicle was located in the 900 block of Argyle Avenue. At approximately 6:00 p.m., Officer Tricka located Fleischer's car in the 900 block of Argyle Avenue, and was informed that the driver had gone east on Green Willow Street towards Pennsylvania Avenue.

The police officers canvassed the bars and restaurants in the 1000 block of Pennsylvania Avenue, and at approximately 6:05 p.m. Officers Tricka and Johnson entered a bar and observed appellant and another man coming out of a dressing room. Appellant appeared to be approximately 5 11 tall, weighing 180 pounds, wearing a white T-shirt and burgundy pants. The men looked at the police and then turned around and started toward the rear. Appellant threw something down the rear stairs. Officer Tricka approached appellant and noticed his hands were burned and recalled that a suspect in the prior robbery had stated the actual robber was a man with chemically burned hands. Officer Johnson retrieved the discarded package and found a processed hairpiece with kerchief. Appellant was then placed under arrest and searched. U. S. currency amounting to $66.21, including 30 one dollar bills, was found upon appellant. This money was introduced in evidence. There was no evidence that the search was voluntary.

It has long been the rule in this State that a police officer may arrest without a warrant where he has reasonable grounds to believe that a felony has been committed and that...