Cowans v. State
| Decision Date | 29 April 1965 |
| Docket Number | No. 228,228 |
| Citation | 238 Md. 433,209 A.2d 552 |
| Parties | Ronald Vernon COWANS and Earl Carlton Hayes v. STATE of Maryland. |
| Court | Maryland Court of Appeals |
Robert V. Lazzaro and Harold Buchman, Baltimore, for appellants.
Loring E. Hawes, Asst. Atty. Gen., Baltimore (Thomas B. Finan, Atty. Gen., Charles E. Moylan, Jr., and Andrew J. Graham, State's Atty. and Asst. State's Atty., respectively, for Baltimore City, Baltimore, on the brief), for appellee.
Before PRESCOTT, C. J., and HAMMOND, HORNEY, MARBURY and SYBERT, JJ.
Appellants, Hayes and Cowans, were convicted in the Criminal Court of Baltimore by a judge, sitting without a jury, of two offenses of assault and two offenses of robbery, and after denial of their motions for new trials by the Supreme Bench of Baltimore City and sentences by the trial judge, have appealed.
Two questions only are presented for our consideration: (1) Were appellants' confessions rendered inadmissible because the police did not affirmatively advise them of their right to counsel in the absence of any request therefor, and the police did not explicitly inform them that they had a right to remain silent, even though they were advised that the police were 'not going to threaten you in any way and what you say must be free and voluntary on your part [italics added]'; and (2) Were the confessions inadmissible because appellants were not taken before a committing magistrate before the confessions were given?
On September 22, 1963, at about 10:30 p.m., a Baltimore City College student, Ralph Beam, was attacked by two young thugs in the 1700 block of Lamont Avenue in Baltimore City. While one of the assailants held a knife at Beam's throat, the other stole his wallet, which contained a fishing license, pictures, and identification cards. Beam was standing beside his father's automobile when attacked. He was subsequently treated at St. Joseph's Hospital for a stab wound in his left side. Beam identified the appellants in court as his assailants, although he admitted that he had not positively identified them as such at the police station on the night of the occurrence. There was some indication that Beam had known Cowans previously while both were at Clifton Park Junior High School.
About one hour later that same evening Mae Brannon, a nurse at St. Joseph's Hospital, Baltimore, was attacked while getting ready to start her car across the street from the hospital. Two 'colored boys' approached her car, opened the door, and ordered her out. The shorter one grabbed her around the neck and yanked her out of her car. The young thugs took her wallet and pocketbook and drove away in her 1963 Rambler. She reported the assault and automobile theft to the police at once.
Shortly thereafter, while cruising in an unmarked radio car, Officer Boston spotted the Brannon vehicle in the 1400 block of Wolfe Street, after having heard a description thereof over the radio. Boston apprehended the appellants in the Brannon car. The appellants had in their possession Beam's wallet containing the fishing license, Mrs. Brannon's wallet, a pocket knife (Cowans'), and some money.
The appellants were brought to the Eastern District Police Station at 11:45 p.m., were booked and placed in separate cells. The following day Hayes was interrogated from 1:25 p.m. until 4:45 p.m. While he at first denied any knowledge of either robbery, he soon confessed that he had participated in both crimes, and his confessions were reduced to writing. The two police officers present at the interrogation testified that there were no threats, inducements, promises, nor any form of coercion employed during the interrogation, and that the confessions were voluntarily given. The written confessions each contained a statement by the interrogating officer advising Hayes that 'what you say can be used for or against you in Court.' Although he testified he didn't remember signing the statements, Hayes admitted that the signatures were his.
Cowans was interrogated from 1:05 to 1:20 p.m. on September 23; from 4:45 to 5:05 p.m. on the same day; and from 10:05 a.m. until 11:15 a.m. on the 24th. He confessed, on the 24th, to both crimes after being 'confronted with Hayes.' Written statements similar in form to Hayes' statements were transcribed and signed. Both appellants were taken before a committing magistrate on September 25th at 3:00 p.m.
Objections to the admission of the confessions were raised by defense counsel on the basis of (1) 'long delay between the arrest and the booking' of the appellant Hayes, and (2) the lapse of '36 hours between the time of arrest and the time of the statement,' in the case of Cowans. Judge Oppenheimer found that each of the statements was 'given entirely voluntarily, free from any duress, coercion, force or promise.' He further found the statements of the various officers who testified 'entirely...
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