Hamm v. State, 130
| Decision Date | 08 January 1964 |
| Docket Number | No. 130,130 |
| Citation | 233 Md. 248,196 A.2d 464 |
| Parties | Lloyd HAMM v. STATE of Maryland. |
| Court | Maryland Court of Appeals |
Nelson R. Kandel, Baltimore, for appellant.
Thomas B. Finan, Atty. Gen., Fred Oken, Asst. Atty. Gen., William J. O'Donnell, State's Atty., and Andrew J. Graham, Asst. State's Atty., Baltimore, for appellee.
Before BRUNE, C. J., and HENDERSON, PRESCOTT, HORNEY, and MARBURY, JJ.
Appellant raises three questions: (1) an alleged insufficiency of evidence; (2) prejudicial error by the trial judge in permitting the State to reopen its case and present additional testimony; and (3) error by the judge in refusing to strike out certain evidence. None of them has merit.
It would serve no useful purpose to set forth the evidence in detail. Two men walked into a branch office of the Western Union Telegraph Company in Baltimore, and, at the point of a pistol, seized money from a safe and the person of the manager. A careful reading of the testimony discloses ample evidence to support the finding of the trial judge, sitting without a jury, of the constitutent elements of armed robbery by the appellant.
After the State had rested its case, the court, upon motion made, permitted the State to reopen the case for the purpose of offering another witness. We find no abuse of discretion here. Stansbury v. State, 218 Md. 255, 146 A.2d 17.
Appellant's co-defendant testified against him. This witness admitted that he had given testimony at a preliminary hearing contrary to his testimony at the trial. The appellant claims his testimony at the trial should be stricken. The reason assigned by the witness for the contradictory statements was that the appellant had solicited him to take full blame for the robbery and he had 'gone along' with appellant 'for a time.' Mere contradictory statements made at different times do not require that the testimony given at the trial should be stricken, and the credibility of the witnesses is primarily for the trier of facts. Maryland Rule 886 a; Weaver v. State, 226 Md. 431, 174 A.2d 76.
Judgment affirmed as to Lloyd Hamm.
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Hepple v. State
...trials. Evidence Adducible in Chief Trial judges are vested with wide discretion in the conduct of trials. So, in Hamm v. State, 233 Md. 248, 249, 196 A.2d 464 (1964), no abuse of discretion was found when the trial court permitted the State, upon motion made after it had rested, to reopen ......
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Knox v. State
...armed robbery. Knox pleaded guilty and Hamm not guilty. Hamm was convicted and the conviction was sustained by this Court. Hamm v. State, 233 Md. 248, 196 A.2d 464. In Knox's appeal we ordered a Knox pleaded guilty and, before sentence, was called by the State as a witness against Hamm. In ......
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Corbin v. State
...a lineup. In such case, we think the credibility of the witness' testimony was primarily for the trier of facts. Rule 886 a; Hamm v. State, 233 Md. 248, 196 A.2d 464; Weaver v. State, 226 Md. 431, 174 A.2d The appellant argues that the circumstantial evidence was not sufficient to convict h......
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Tingler v. State, 140
...the State to reopen its case for the presentation of testimony is within its sound discretion, and we see no abuse thereof, Hamm v. State, 233 Md. 248, 196 A.2d 464; Schroder v. State, 206 Md. 261, 111 A.2d Judgments affirmed. ...