Goldstein v. State
| Decision Date | 05 November 1941 |
| Docket Number | 1,2. |
| Citation | 22 A.2d 471,179 Md. 697 |
| Parties | GOLDSTEIN v. STATE. BEVANS v. SAME. |
| Court | Maryland Court of Appeals |
Appeals from Criminal Court of Baltimore City; J. Craig McLanahan Judge.
Michael Goldstein and Milton Bevans were convicted of being rogues and vagabonds, and they appeal.
Affirmed.
Harry G. Selden, of Baltimore, for appellant in both cases.
William C. Walsh, Atty. Gen., Robert E. Clapp, Jr., Asst. Atty. Gen and J. Bernard Wells, State's Atty., and William H Maynard, Deputy State's Atty., both of Baltimore, for appellee in both cases.
Argued before BOND, Chief Judge, and SLOAN, JOHNSON, DELAPLAINE COLLINS, FORSYTHE, and MARBURY, JJ.
Appealing from a conviction and sentence on a charge of being rogues and vagabonds, Code, Art. 27, sec. 559, the appellants contest only two rulings of the trial court admitting in evidence articles alleged to have been thrown or dropped by them at or immediately prior to the time of their arrest.
The arrest was made at 2:45 o'clock in the morning of Sunday, August 18, 1940. It was testified that on the previous night there had been a burglary committed in the neighborhood, and the defendants, being seen there, were followed by police officers in a radio car and arrested. As the car overtook them, it was testified, the two men turned toward an open lot and threw something to the ground. When they had been placed in the car, one officer looked back on the lot, about five feet away, where he had seen a dark object thrown, and found a pair of brown cotton gloves and a set of approximately twelve skeleton keys. These objects were admitted in evidence, and exception was taken to their admission.
After the men had been removed from the car to a patrol wagon, the officer searched the floor of the car, and found a quarter-inch drill bit and a screw driver that had not been there before the men were put in. And an exception to the admission of these objects is the second one pressed on the appeal.
The argument is that the evidence of the throwing or dropping at the spot, and the finding in the car after the men had been present in it, was not sufficient to connect them with the articles found, and so render the articles admissible. But the court considers the connection sufficiently evidenced for that purpose. Nothing was lacking to a complete showing of connection except testimony that the men had the articles in their...
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