Guerriero v. State, No. 198

CourtCourt of Appeals of Maryland
Writing for the CourtBefore COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ., and FLOYD J. KINTNER; HAMMOND
Citation132 A.2d 466,213 Md. 545
PartiesJohn GUERRIERO v. STATE of Maryland.
Docket NumberNo. 198
Decision Date06 June 1957

Page 545

213 Md. 545
132 A.2d 466
John GUERRIERO
v.
STATE of Maryland.
No. 198.
Court of Appeals of Maryland.
June 6, 1957.

Page 547

Harry Leeward Katz, Baltimore, (C. John Serio and John Carroll Weiss, Jr., Baltimore, on the brief), for appellant.

Clayton A. Dietrich, Asst. Atty. Gen. (C. Ferdinand Sybert, Atty. Gen., J. Harold Grady, State's Atty. and James W. Murphy, Asst. State's Atty., Baltimore, on the brief), for appellee.

Before COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ., and FLOYD J. KINTNER, Special Judge.

HAMMOND, Judge.

Convicted by the court, sitting without a jury, of assault and carrying a deadly weapon, John Guerriero appeals from the judgment and sentence that followed, of one year suspended, and a fine.

The appellant claims here as he did below that necessity in the form of self-defense justified what he did. He, his brother Charles, and their father conduct a wholesale grocery business in Baltimore. One October evening Charles was parking the firm's truck on the one-way street in front [132 A.2d 467] of the store and, in backing, blocked the passage of the automobile of one Adams in which he was riding with his wife. After he had managed to pass, Adams stopped his car, got out and an altercation ensued that was verbal at first but soon developed physical aspects. The appellant's version of what occurred is that Adams had been drinking and used vile language to his brother, threw a wooden 'horse' or trestle weighing fifteen or twenty pounds at the truck, and then with knife in hand walked 'threateningly' towards the truck. Observing this, and fearing for his brother's safety, according to his testimony, appellant ran some fifteen feet to the front of the store, told his wife to call the police, went on into the store, picked up a pistol from under the counter, ran back out to where he had been standing, fired one shot into the air to frighten Adams and then a shot at the ground which ricocheted and went through Adams' ankle.

Page 548

The prosecution's story of the fracas is that as Adams was protesting the blocking of traffic by the truck, with one foot in his car, which was seventy feet beyond the truck, and one foot on the ground, someone threw a piece of wood three or four feet long at him, which he managed to catch and throw back, that he had a penknife in his pocket but never had it in his hand, and that the appellant fired the shots without necessity or justification when Adams, without any intention of physical violence towards Charles, was standing some distance from the truck.

The printed record reveals a hopeless conflict in the testimony as to the distances involved, that is, how far Adams was from the truck when he threw the trestle or piece of wood, if he did, and how far away he was from the truck, and from the appellant, when the...

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28 practice notes
  • Glover v. State, No. 1664
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...where the use of force is authorized, the force used may only be that which is reasonably demanded by the situation. Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466, 468 (1956); Jones v. State, 4 Md.App. 616, 621-22, 244 A.2d 459, 462 (1968). An intervenor, acting under a right to assist......
  • Banks v. State, No. 1368
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1991
    ...must not have been the first aggressor, nor must she have used more force than was necessary to repel the attack. Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466 (1957); Lambert v. State, 70 Md.App. 83, 96 n. 1, 97, 519 A.2d 1340 (1987); Cunningham v. State, 58 Md.App. 249, 256, 473 A.2d......
  • Tichnell v. State, Nos. 73
    • United States
    • Court of Appeals of Maryland
    • June 10, 1980
    ...'unreasonable and excessive', that is, must not have been more force 'than the exigency reasonably demanded.' " Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466, 467-468 (1957) (citations Accord, DeVaughn v. State, 232 Md. 447, 453, 194 A.2d 109 (1963), cert. denied, 376 U.S. 927, 84......
  • Bell v. State, No. 637
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1996
    ...apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant." Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466 (1957). Accord State v. Martin, 329 Md. 351, 357, 619 A.2d 992, cert. denied, 510 U.S. 855, 114 S.Ct. 161, 126 L.Ed.2d 12......
  • Request a trial to view additional results
28 cases
  • Glover v. State, No. 1664
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1990
    ...where the use of force is authorized, the force used may only be that which is reasonably demanded by the situation. Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466, 468 (1956); Jones v. State, 4 Md.App. 616, 621-22, 244 A.2d 459, 462 (1968). An intervenor, acting under a right to assist......
  • Banks v. State, No. 1368
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1991
    ...must not have been the first aggressor, nor must she have used more force than was necessary to repel the attack. Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466 (1957); Lambert v. State, 70 Md.App. 83, 96 n. 1, 97, 519 A.2d 1340 (1987); Cunningham v. State, 58 Md.App. 249, 256, 473 A.2d......
  • Tichnell v. State, Nos. 73
    • United States
    • Court of Appeals of Maryland
    • June 10, 1980
    ...'unreasonable and excessive', that is, must not have been more force 'than the exigency reasonably demanded.' " Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466, 467-468 (1957) (citations Accord, DeVaughn v. State, 232 Md. 447, 453, 194 A.2d 109 (1963), cert. denied, 376 U.S. 927, 84......
  • Bell v. State, No. 637
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1996
    ...apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant." Guerriero v. State, 213 Md. 545, 549, 132 A.2d 466 (1957). Accord State v. Martin, 329 Md. 351, 357, 619 A.2d 992, cert. denied, 510 U.S. 855, 114 S.Ct. 161, 126 L.Ed.2d 12......
  • Request a trial to view additional results

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