Webb v. State, No. 43

• Court: Court of Appeals of Maryland
• Writing for the Court: Before MARKELL; HENDERSON
• Citation: 201 Md. 158,93 A.2d 80
• Decision Date: 05 December 1952
• Docket Number: No. 43
• Parties: WEBB v. STATE.

Page 158

201 Md. 158 93 A.2d 80 WEBB
v.
STATE. No. 43. Court of Appeals of Maryland. Dec. 5, 1952.

Page 159

[93 A.2d 81] Z. H. Stafford, Easton, and LeRoy L. Wallace, Baltimore (John W. Williams, Cambridge, on the brief), for appellant.

Kenneth C. Proctor, Asst. Atty. Gen., and by Harry E. Clark, Jr., State's Atty. Talbot County, Easton (J. Edgar Harvey, Depty. Atty. Gen., on the brief), for appellee.

Before MARKELL, C. J., and DELAPLAINE, COLLINS and HENDERSON, JJ.

HENDERSON, Judge.

On an indictment containing two counts, assault with intent to kill and murder, and common assault, the appellant was found guilty on the first count by the court, sitting without a jury, and sentenced to five years in the Maryland House of Correction. The appellant contends that the court erred in refusing his motion for directed verdict at the close of the whole case, and that the sentence was 'cruel and unusual' under the circumstances.

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The testimony shows that the appellant, a resident of Easton, Maryland, had been 'going with' one Reba Brooks for about four years, and on the night of Saturday, March 28, 1952, had invited her to come to his dance hall. However, she went to the movies in Cambridge with one Edward St. Clair, and at about 1:30 in the morning of March 29, was sitting in front of her home in St. Clair's car. The appellant came up, ordered her out of the car and drew a pistol, to frighten them, he says. He just happened to have the pistol because he had taken a sum of money from the dance, hall to his home before coming past Reba's house, where she lived with her aunt and grandmother. The pistol certainly frightened St. Clair, for he got out of the far side of the car and took shelter. Reba got out and started towards the house. The appellant held on to her arm and attempted to drag her up the street.

Reba's aunt, Mamie Brooks, was in the house with her friend Daniel Copper. Hearing a commotion outside, they came out, and Mamie caught hold of Reba's arm and tried to pull her away from the appellant. The appellant told her to let go or he would shoot. Reba said, 'He's got a gun.' Mamie testified that she did not believe he had a gun, or if he had, that he would shoot. He said a second time, 'Let go of her. If you don't I am going to shoot.' There was a flash and Mamie was shot through the neck, the bullet just missing the jugular vein. However, she was taken immediately to the hospital by Daniel Copper and her life was saved.

Although three witnesses testified that the appellant had twice threatened to shoot before the shot was fired, the appellant denied that he made any such statements. His testimony was that he clicked the pistol twice to remove the cartridges, that he thought it was unloaded and did not intend to shoot. Reba and Mamie both testified they heard clicks before the shot, and one cartridge was found at the scene by a police officer. It is difficult to understand how the weapon could be unloaded in this fashion, if it was an automatic as the appellant asserted.

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The weapon was never found. The witnesses all agreed that after the shooting the appellant asked, 'Did I shoot you?' He came in the house and expressed his concern. The grandmother testified she saw him unload the pistol and put the bullets in his pocket before he left. The police were called but he was not...