Dennis v. State

• Decision Date: 15 April 1957
• Docket Number: No. 159,159
• Citation: 213 Md. 115,131 A.2d 285
• Parties: Bertha T. DENNIS v. STATE of Maryland.
• Court: Maryland Court of Appeals

Page 115

213 Md. 115

131 A.2d 285

Bertha T. DENNIS v.STATE of Maryland.

No. 159.

Court of Appeals of Maryland.

April 15, 1957.

John L. Sanford, Jr., Berlin (Thomas F. Johnson, Snow Hill, on the brief), for appellant.

Clayton A. Dietrich, Asst. Atty. Gen. (C. Ferdinand Sybert, Atty. Gen., Stedman Prescott, Jr., Deputy Atty. Gen., and Daniel T. Prettyman, State's Atty., Worcester County, Snow Hill, on the brief), for appellee.

Before BRUNE, C. J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.

COLLINS, Judge.

This is an appeal from a conviction and fine of $50 and costs.

The defendant, appellant, and the State, appellee, entered into a stipulation, the essential parts of which follow.On April 30, 1956, a warrant was issued by a trial magistrate of Worcester County, Maryland, charging Bertha T. Dennis'with having on the 28th day of April, 1956 allowed a minor under the age of twenty-one years to loaf and loiter about the place of business for which a license to sell alcoholic beverages is issued, to wit, the 'High Hat' contrary to the Act of Assembly in such case made and provided and against the peace, government and dignity of the State.'The defendant appeared before the trial magistrate on June 20, 1956, and requested a jury trial.This was granted, bond was given, and the aforesaid warrant, with a certified copy of the docket entries, and the bond were transmitted by the trial magistrate to the Circuit Court for Worcester County.On October 18, 1956, the case was called for trial in that court.The defendant, through her attorneys, filed a motion to dismiss said warrant for the reason that it did not state an offense against the laws of the State of Maryland.After argument by counsel, the State's Attorney requested orally to amend the warrant by inserting after the words 'High Hat', the following: 'The said Bertha T. Dennis being then and there the holder of a Class D, Beer and Wine License #75, authorizing her to sell beer and wine on the premises known as the High Hat Casino, situate R.F.D. #2, Hollygrove Road, Berlin, Worcester County, Maryland.'The trial court granted the State's motion to amend the warrant over the objection of the defendant.The traverser plead not guilty, elected a jury trial, and a verdict of guilty was rendered.On October 18, 1956, she was fined as aforesaid, and appeals here.

The defendant was tried for violation of Code 1951, Article 2B, Section 124(c), which provides: 'It shall be unlawful for any licensee under this Article to allow any minor or minors under the age of twenty-one years to loaf or loiter about the place of business for which such license is issued restaurants may, however, serve meals without alcoholic beverages to minors.'As above set forth the original warrant did not state that the defendant was the holder of a license for the premises.The State admits that the warrant as originally drawn was defective.

By Code 1951, Article 52, Section 20, originally enacted as Chapter 444 of...