Faulcon v. State, 21

• Decision Date: 13 November 1956
• Docket Number: No. 21,21
• Parties: James W. FAULCON v. STATE of Maryland.
• Court: Maryland Court of Appeals

Page 249

211 Md. 249

126 A.2d 858

James W. FAULCON v. STATE of Maryland.

No. 21.

Court of Appeals of Maryland.

Nov. 13, 1956.

Anthony S. Federico and Malcolm J. Coan, Baltimore, for appellant.

Stedman Prescott, Jr., Asst. Atty. Gen., C. Ferdinand Sybert, Atty. Gen., David Kauffman, Asst. Atty. Gen., Anselm Sodaro, State's Atty. and Saul A. Harris and James O'C. Gentry, Asst. State's Attys., Baltimore, for appellee.

Before BRUNE, C. J., COLLINS, WILLIAM L. HENDERSON, HAMMOND, JJ., and GEORGE HENDERSON, Special Judge.

COLLINS, Judge.

The appellant, James W. Faulcon, was indicted for murder in the first degree of Walter W. Lockett. He pleaded not guilty. He was tried before the trial judge, sitting without a jury, and found guilty of murder in the first degree. After a motion for a new trial was denied by the Supreme Bench of Baltimore City, he was sentenced to life imprisonment in the Maryland Penitentiary. From that judgment and sentence he appeals here.

The appellant does not dispute that he killed Lockett on October 14, 1955, by running over him with his automobile. He claims, however, that there was not sufficient evidence from which the trial judge could find him guilty of first or second degree murder, and that a verdict of guilty of manslaughter was sufficient.

After 9 P.M. on October 14, 1955, the appellant, twenty-seven years of age, accompanied by his wife; a fellow workman, Gilbert Clay; and his wife, Minnie Clay, was driving his five passenger Buick automobile in a northerly direction on Bond Street in Baltimore City. He had reached a point about midway between Preston and Hoffman Streets where Ellsworth Street, twelve feet in width, dead ends on the east side of Bond Street. At that time two men, Walter Lockett, aged thirty-three, and Luther Butler, aged twenty-nine, were walking across that street. In his first written statement to the police appellant said he was coming out of his house and saw the police. Before the police arrived Thomas Nolan came to his house and asked appellant the whereabouts of his car. He replied that it was around the corner. Nolan told him that he had seen his car in East Baltimore and heard his name over the radio. He did not ask Nolan what was said on the radio, or why his name was mentioned. He said he parked his car on Baker Street near Fulton Avenue and that was the last time he had seen it. In a later written statement the appellant said he saw four men crossing Bond Street from his left going from west to east. He came to a complete stop. One of the men came to his side, one stood in front of the car, and two went to the right side of the car. The one to the left of the car called him a vile name and asked: 'What are you trying to do, run over me?' At the same time the man reached for the door. Appellant did not say anything but started to pull off, striking the man in front of the car. He was scared and drove fast up Bond Street to Lanvale Street, where he made a left turn into Spring Street. He turned right on Spring Street to North Avenue and made a left turn on North Avenue to Harford Avenue. He made another left turn on Harford Avenue to Oliver Street where he parked on Oliver Street between Caroline and Bond Streets. As he was going north on Spring Street he stopped at North Avenue and some man said to him: 'You better stop because I have got your license number.' This was where he hit a parked car to his left. He had turned his lights off when he hit Lockett. He turned them on again after he made a left turn on Lanvale Street after making the left turn on Bond Street. After parking his automobile he went to Caroline and Preston Streets, got a cab and went home. Sometime later his wife came home. Thomas Nolan came to his house and told him his automobile had been involved in an accident. He went outside with Nolan and at that time the police took him in custody. He did not tell Nolan he was involved in the accident. He had had nothing to drink that night as he did not drink. Both of these written statements were admitted in evidence by stipulation. Appellant did not testify.

Luther Butler testified that about 7 P.M. on October 14th he and Lockett purchased a half pint of whiskey and, together with another man, drank it. They wanted another drink and started to cross Bond Street to Ellsworth Street when the appellant came across Preston Street driving his Buick automobile. As he and Lockett were crossing Bond Street the appellant came at 'a pretty good speed' within five feet of them and stopped. When he stopped, Lockett said: 'What are you trying to do, run somebody down? The appellant then said: 'Yes'. When Lockett asked appellant what he was going to do 'run over somebody', appellant called Lockett a bad name and said: "I will run over you' and he did. And if I (Butler) didn't get out of the way he would have run over me too, I got the skin knocked off my leg. When I jumped out of the way I fell.' The lights of the car were on. Butler further said: 'Walter and I started across the street and knocked down going across the street, and when I seen the man started off with the car I jumped out of the way and knocked the skin off my knee to keep the man from hitting me.' He further stated that appellant ran over Lockett, dragged him up the street about four and one-half or five blocks. He saw Lockett being dragged beneath the car and called to the driver to try to stop him, but he did not stop. He found Lockett on Dallas Street after he had been underneath the car. When he saw Lockett he had fallen from beneath the car. The appellant had gotten out and pulled Lockett from under the car and all of the clothes were dragged off of him and 'practically all of the meat'. He was unconscious. Lockett was not drunk because the half pint of whiskey had been consumed by three people and Lockett told him that he had no more money. On cross-examination he denied that he grabbed the door handle and further said there were not four men around the car, but only two, he and Lockett. He denied that he called the appellant a vile name. The autopsy report stated that the blood of the deceased was 'negative for alcohol'.

Gilbert Clay, a passenger in the automobile, testified that he did not remember what happened at Bond and Ellsworth Streets because he was asleep at the time. He woke up when his wife and appellant's wife were screaming to appellant to stop. After he awakened he also told the appellant to stop because he had heard that he had hit someone, and he told him to stop the car and see what he had hit. The appellant did not stop but drove a block or so further. When he stopped, appellant's wife and his wife got out of the car and appellant started up again. He was still in the car and appellant then drove through Dallas Street and hit a car. When appellant's car pulled up on the curb he could feel the weight drop loose from the car, 'whatever was dragging under the car'. He learned later that it was Lockett. When recalled to the stand, he said he had known Lockett about three years. After the appellant finally stopped the car and parked he asked him to find his wife and tell her to come home. Appellant told him that he was going to report to the police that his car was stolen.

Minnie Clay, a passenger in the car, testified that she recalled the happening at Bond and Ellsworth Streets. She had known Lockett for eight or ten years. He was a brother of her brother-in-law. Lockett and his friend were crossing the street and the appellant drove up and put on his brakes because he almost hit them. Lockett then stood in front of the car and asked appellant what he was trying to do, 'run over them', and Lockett called appellant a vile name. Appellant then said: 'If you don't get out of my way, I will.' Appellant then started his car and 'ran Lockett down'. As he was driving up Bond Street she told him to stop the car but he told her to 'shut up'. She wanted appellant to stop because she knew he was dragging Lockett. She had a feeling that someone was under the car as Lockett had been standing in front of the car, and when she looked up she did not see him. On account of her 'hollering' and crying her husband woke up and asked appellant to stop. She and appellant's wife got out on Bond and Federal Streets and went home. She said the car went about two blocks from where the accident happened before she and appellant's wife got out. She also had known Butler before. She recognized both Lockett and Butler at the time. When asked if either Lockett or Butler came over to the car and had any words with appellant, she answered: 'No, they didn't, only thing what Walter said, what he said in front of the car.' They were stopped only a matter of minutes before appellant drove ahead and hit Lockett. She was in the back seat of the car. At the time she got out of the car with appellant's wife she did not see the body of Lockett. She does not know whether it was under the car or not. On cross-examination she stated that there were only two people crossing the street at the time and she was sitting on the same side of the car as the appellant. There was no one on the right side of the car.

Robert Page stated that he was standing across from where Ellsworth Street joins Bond Street. He saw Lockett and Butler coming across the street just when the car came up. The car almost hit Lockett so he said to the driver: 'what are you trying to do hit me, man?' He could not hear what the man inside the car said as he was too far away. Neither Lockett nor Butler went to the car. After Lockett was hit the car went up Bond Street and crossed Federal, then up Lanvale and made a left turn. From there he did not know where the car went. He saw Lockett under the car. He said he was a very good friend of Lockett and had known Butler for six or seven years. He had never seen the appellant before.

Officer Puller testified that he determined that the body of Lockett was dragged a total of...