German v. State, 218
| Decision Date | 15 March 1963 |
| Docket Number | No. 218,218 |
| Citation | 231 Md. 111,188 A.2d 699 |
| Parties | Isaac Bradley GERMAN (alias Isaiah Bridie German) v. STATE of Maryland. |
| Court | Maryland Court of Appeals |
Stephen M. Ehudin, Baltimore, for appellant.
Loring E. Hawes, Asst. Atty. Gen. (Thomas B. Finan, Atty. Gen., William J. O'Donnell, State's Atty., and Done L. Lusby, Asst. State's Atty., for Baltimore City, Baltimore, on the brief), for appellee.
Before BRUNE, C. J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.
Appellant was convicted in a non-jury trial of assault with intent to murder and sentenced to imprisonment. The only question he raises on this appeal is the sufficiency of the evidence to sustain his conviction.
Only the appellant and the victim, one Brantley, testified as to the circumstances surrounding the crime and their versions were conflicting. From the evidence presented the trial judge could find the following facts. After a dice game in which Brantley won the appellant's money, bad feelings developed and the two met in several bouts of fisticuffs during the same evening, the last of which terminated in Brantley's favor. Appellant fled, armed himself with a revolver retrieved from a hiding place, and went to a bar at which Brantley was standing. Appellant said to Brantley, 'I am going to kill you,' took the gun from his pocket, and, when Brantley turned his back, shot him. Appellant attempted to shoot again, but the gun misfired.
We think it is obvious that there was ample evidence from which the trial court could find malice and a specific intent to murder in this assault by appellant. Beall v. State, 203 Md. 380, 101 A.2d 233. The trial court was not required to believe appellant's statement that he fired the shot when Brantley put his hand in his pocket as if to pull a gun (which, as well as the possession of a gun, was denied by Brantley). Certainly we cannot say the trial court was clearly erroneous in finding the verdict.
Judgment affirmed.
To continue reading
Request your trial
-
State v. Jenkins
...to such a degree that he lacked the capacity to form a specific intent to murder." 249 Md. at 389, 240 A.2d 107. See German v. State, 231 Md. 111, 112, 188 A.2d 699 (1963) ("there was ample evidence from which the trial court could find malice and a specific intent to murder in this assault......
-
Reeves v. Warden, Maryland Penitentiary, Civ. No. 13418.
... ... This is a petition for a writ of habeas corpus filed by a State prisoner who is serving a life sentence after having been convicted of rape by Judge Byrnes sitting ... ...
-
Hutchinson v. State
...degree. Wimbush v. State, supra; Hall v. State, 213 Md. 369, 131 A.2d 710 (1957); Webb v. State, supra.' In German v. State, 231 Md. 111, at p. 112, 188 A.2d 699, at p. 700 (1963), the Court of Appeals 'We think it is obvious that there was ample evidence from which the trial court could fi......
-
Bowler v. State, 159
...and seizure were justified. The lower court was not required to believe the appellant's version of what took place. German v. State, 231 Md. 111, 188 A.2d 699 (1963). Judgment ...