Sturgis v. State, No. 385

CourtCourt of Appeals of Maryland
Writing for the CourtHENDERSON
Citation201 A.2d 681,235 Md. 343
Docket NumberNo. 385
Decision Date25 June 1964
PartiesEdward M. STURGIS v. STATE of Maryland.

Page 343

235 Md. 343
201 A.2d 681
Edward M. STURGIS
v.
STATE of Maryland.
No. 385.
Court of Appeals of Maryland.
June 25, 1964.

Page 344

Henry F. Lankford, Snow Hill, for appellant.

John W. Sause, Jr., Asst. Atty. Gen. (Thomas B. Finan, Atty. Gen., Baltimore, and W. Ross Hockersmith, State's Atty. for Worcester County, Snow Hill, on the brief), for appellee.

Before HENDERSON, HAMMOND, PRESCOTT, MARBURY and SYBERT, JJ.

HENDERSON, Judge.

The appellant and Paul Pettigrew were jointly indicted for the murder of Daniel Massey in Worcester County. Pettigrew pleaded guilty. The appellant pleaded not guilty, elected trial by jury, and was found guilty of murder in the first degree without capital punishment. Two statements made by the accused were put in evidence, the second constituting a confession, and the propriety of its admission constitutes the first question raised here.

Page 345

On March 5, 1963, Massey, 81 years of age was found beaten but still alive in the secluded trailer where he lived alone. His wallet was missing although it had been in his possession the night before. On March 6, the appellant was interrogated but denied all knowledge of the crime. On March 8, he was arrested at his home. He gave a statement admitting he had driven the codefendant Pettigrew to the vicinity of the Massey trailer, but denied any knowledge of the assault and robbery at that time. When the State undertook to establish the legality of the arrest by testimony showing probable cause, counsel for the accused conceded that the arrest was legal, and that this statement was voluntary. Sturgis was placed in a cell where he remained over the weekend. On March 11, he was taken to the place where some papers belonging to Massey had been found. One of the deputies testified that Sturgis then said he would like to change his statement. He made certain verbal admissions, but a second written statement was not taken until the following [201 A.2d 682] day, at about 2:30 P.M. The interrogation lasted from a half hour to an hour. On the following day, Massey died. Sturgis was taken to Salisbury and given a lie detector test at his own request.

At the trial nine witnesses placed Sturgis or his automobile in the vicinity of the crime on March 5, between 5:30 and 8 A.M., a fact he admitted at the trial. Pettigrew, the accomplice, testified for the State that the plan to rob Massey had been conceived by the appellant, that the appellant drove him to the scene, picked...

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16 practice notes
  • United States v. State of New Jersey, No. 14833
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 20, 1965
    ...of Illinois, People v. Hartgraves, 31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 85 S.Ct. 1104 (1965); Maryland, Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964),6 and New Jersey, State v. Scanlon, 351 F.2d 439 84 N.J.Super. 427, 202 A.2d 448 (1964),7 have, however, held that a reque......
  • Com. v. Negri
    • United States
    • United States State Supreme Court of Pennsylvania
    • September 29, 1965
    ...Our interpretation of the meaning of Escobedo was shared by other jurisdictions, both state and federal. See, Sturgis v. Maryland, 235 Md. 343, 201 A.2d 681 (1964); Illinois v. Hartgraves, 31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965);......
  • State v. Coleman, No. A--6
    • United States
    • United States State Supreme Court (New Jersey)
    • November 8, 1965
    ...31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965); Page 35 Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964); Carson v. Commonwealth, Ky., 382 S.W.2d 85 (1964), cert. denied, 380 U.S. 938, 85 S.Ct. 949, 13 L.Ed.2d 825 (1965); Browne v. St......
  • People v. Jackson
    • United States
    • United States State Supreme Court (New York)
    • June 7, 1965
    ...31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965); Maryland, Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964), and New Jersey, State v. Scanlon, 84 N.J.Super. 427, 202 A.2d 448 (1964), have, however, held that a request Page 766 is necess......
  • Request a trial to view additional results
16 cases
  • United States v. State of New Jersey, No. 14833
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 20, 1965
    ...of Illinois, People v. Hartgraves, 31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 85 S.Ct. 1104 (1965); Maryland, Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964),6 and New Jersey, State v. Scanlon, 351 F.2d 439 84 N.J.Super. 427, 202 A.2d 448 (1964),7 have, however, held that a reque......
  • Com. v. Negri
    • United States
    • United States State Supreme Court of Pennsylvania
    • September 29, 1965
    ...Our interpretation of the meaning of Escobedo was shared by other jurisdictions, both state and federal. See, Sturgis v. Maryland, 235 Md. 343, 201 A.2d 681 (1964); Illinois v. Hartgraves, 31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965);......
  • State v. Coleman, No. A--6
    • United States
    • United States State Supreme Court (New Jersey)
    • November 8, 1965
    ...31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied, 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965); Page 35 Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964); Carson v. Commonwealth, Ky., 382 S.W.2d 85 (1964), cert. denied, 380 U.S. 938, 85 S.Ct. 949, 13 L.Ed.2d 825 (1965); Browne v. St......
  • People v. Jackson
    • United States
    • United States State Supreme Court (New York)
    • June 7, 1965
    ...31 Ill.2d 375, 202 N.E.2d 33 (1964), cert. denied 380 U.S. 961, 85 S.Ct. 1104, 14 L.Ed.2d 152 (1965); Maryland, Sturgis v. State, 235 Md. 343, 201 A.2d 681 (1964), and New Jersey, State v. Scanlon, 84 N.J.Super. 427, 202 A.2d 448 (1964), have, however, held that a request Page 766 is necess......
  • Request a trial to view additional results

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