McGuire v. State, 7

CourtCourt of Appeals of Maryland
Citation200 Md. 601,92 A.2d 582
Docket NumberNo. 7,7
PartiesMcGUIRE v. STATE.
Decision Date11 November 1952

Page 601

200 Md. 601
92 A.2d 582
No. 7.
Court of Appeals of Maryland.
Nov. 11, 1952.

Page 603

Eldridge Hood Young, Baltimore, for appellant.

Kenneth C. Proctor, Asst. Atty. Gen. (Hall Hammond, Atty. Gen., Anselm Sodaro, State's Atty., Wm. H. Maynard, Deputy State's Atty., and Wm. C. Rogers, Jr., Asst. State's Atty., Baltimore, on the brief), for appellee.[92 A.2d 583]



The appellant in this case was convicted by a jury in the Criminal Court of Baltimore on the second count of an indictment charging conspiracy with one Morton J. Hess to violate the 'laws of the State of Maryland relating to lotteries.' In his argument in this Court the appellant attacked the validity of the indictment, on the grounds that it was fatally defective in not specifying the acts constituting a violation of the lottery laws, and that a charge of conspiracy will not lie where concert is necessary to the offense. Both of these points

Page 604

have been fully considered in the case of Hurwitz v. State, Md., 92 A.2d 575, and for the reasons there stated we find no merit in these contentions. The other questions raised relate to the admissibility of evidence of telephone conversations obtained by wire tapping and the stenographic transcript thereof, and evidence consisting of certain admissions by the accused and lottery paraphernalia seized in Washington, D. C.

It appears from the testimony that on Saturday, June 9, 1951, Lieutenant Amrein and Officer Glass of the Baltimore City Police Department tapped the telephone line leading into the premises 1402 West Baltimore Street (Gilmor 0914), listed in the name of Mrs. Myrtle Hess. Morton J. Hess, appellant's codefendant, owned and operated a confectionery and delicatessen store at that location. The officers overheard a person who said he was Hess discussing bets and lottery numbers with other persons. Thereafter, the officers with other apartment near the premises, installed a recording machine, and recorded conversations on June 11th, 12th and 13th. The officers listened to the conversations recorded by means of ear-phones. On June 13th, Officer Glass went to the store and talked to Hess in person under the guise of making purchases.

Among the conversations recorded was a conversation on June 11, 1951, from Gilmor 0914 to Randolph 4037, a number listed to one Cassell in Room 424, Crestwood Apartments, 3900 16th Street, N. W., Washington, D. C. Hess talked to a man he called 'Mick' or 'Mack' and 'laid off' certain numbers on which Hess had 'taken play'. In other words, as explained by the witnesses, Hess made arrangements with the person in Washington for the latter to underwrite certain bets taken in Baltimore by Hess. There were other calls to this number, all of which were verified as to time and dates by an official of the telephone company. On June 15 the officers obtained a warrant to search Hess's store, but nothing incriminating was found in this search, nor did Hess

Page 605

make any damaging admissions in a rather lengthy conversation with the officers.

On June 25, 1951, the officers went to Washington and to the Crestwood Apartments accompanied by two Washington police. They learned from the manager that four apartments, numbers 424, 426, 429 and 430 had been rented by a Mr. Rosenthal, as agent for Senator Madragal of the Philippines. Rosenthal came to the door of 429 in response to their knock. They learned that the telephone in 424 had been removed. The door to 430 was locked, but the manager opened it at their request; the appellant was found hiding in the bathroom. He said he had come to the apartment to rest, and that 'some man' had given him the key. He denied that he paid rent for the apartment and also denied that he knew Rosenthal. Both Rosenthal and the manager denied that they had ever seen McGuire before. On the table in the room, in plain view, were a large number of lottery slips and tally sheets. The name of Hess appeared on at least one of these sheets. The appellant admitted that the entries were in his handwriting. He admitted that he knew Hess and had visited him in Baltimore. Lieutenant Amrein told...

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36 cases
  • People v. Chism
    • United States
    • Supreme Court of Michigan
    • October 17, 1973
    ...210 A.2d 24 (1965) (Tenant could consent to a search of the premises which leads to evidence against the defendant.)MARYLAND McGuire v. State, 200 Md. 601, 92 A.2d 582 (1952), cert. den. 344 U.S. 928, 73 S.Ct. 497, 97 L.Ed. 714 (1953) (Manager of an apartment and lessee of apartment could c......
  • Rudder v. State, 0286, September Term, 2007.
    • United States
    • Court of Special Appeals of Maryland
    • September 9, 2008
    ...285 (1953); Adams v. State, 202 Md. 455, 97 A.2d 281 (1953); Scarlett v. State, 201 Md. 310, 315, 93 A.2d 753 (1953); McGuire v. State, 200 Md. 601, 603-04, 92 A.2d 582 (1952); Gillespie v. State, 147 Md. 45, 59-60, 127 A. 727 (1924); Blum v. State, 94 Md. 375, 378-79, 51 A. 26 Hurwitz reco......
  • Reed v. State, 62
    • United States
    • Court of Appeals of Maryland
    • September 6, 1978
    ...set forth by Chief Judge Gilbert for the Court of Special Appeals in Reed v. State, 35 Md.App. at 480, 372 A.2d 243. In McGuire v. State, 200 Md. 601, 92 A.2d 582 (1952), Judge Henderson said for the "The appellant contends that there was no sufficient identification of the voice of McGuire......
  • McMorris v. State
    • United States
    • Court of Appeals of Maryland
    • February 25, 1976
    ...of action were peculiarly necessary for the conduct of a lottery. The holdings and reasoning in Hurwitz were applied in McGuire v. State, 200 Md. 601, 92 A.2d 582 (1952), cert. denied 344 U.S. 928, 73 S.Ct. 497, 97 L.Ed. 714 (1953); Scarlett v. State, 201 Md. 310, 93 A.2d 753, cert. denied,......
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