Williams v. State, 451
| Citation | 9 Md.App. 447,265 A.2d 266 |
| Decision Date | 13 May 1970 |
| Docket Number | No. 451,451 |
| Parties | Lawrence WILLIAMS v. STATE of Maryland. |
| Court | Court of Special Appeals of Maryland |
Henry L. Belsky, and Cooper C. Graham, Baltimore, for appellant.
William E. Brannan, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., Charles E. Moylan, Jr., state's Atty., and Joseph G. Koutz, Asst. State's Atty. for Baltimore City, respectively, on brief, for appellee.
Argued before MURPHY, C. J., and ANDERSON, MORTON, ORTH and THOMPSON, JJ.
The two questions on this appeal from judgments entered against Lawrence Williams at a court trial in the Criminal Court of Baltimore go to the sufficiency of the evidence to sustain the convictions. As the court was the trier of fact we are bound in our review by the clearly erroneous rule, Maryland Rule 1086. In Edwards v. State, Memorandum on Motion For Reargument, 198 Md. 132, 81 A.2d 631, 83 A.2d 578, the Court of Appeals was asked how it could ever say that the trial court is clearly wrong. It said, at 159, 83 A.2d, at 582, This is one of those rare cases, for we find, applying the test set out in Williams v. State, 5 Md.App. 450, 247 A.2d 731, that the trial court here was clearly wrong in its judgments on the evidence. The judgments are reversed.
Appellant was found guilty under a general verdict as to indictment 5464 charging him with assault with intent to murder Harold Gaines under the 1st count and the assault and battery of Gaines under the 2nd count. He was found guilty under the 1st count of indictment 5465 charging him with wearing a deadly weapon concealed upon his person. A general sentence of 15 years was imposed on the convictions under 5464 and a concurrent sentence of 2 years on the conviction under 5465. 1
We summarize the evidence before the court. Harold Gaines, age 27 years, married, the father of two children, one four years old and the other one year, called by the State, testified that on 28 June 1969 about 3:00 or 4:00 A.M. he was in the 2000 block of Madison Avenue. He was asked to tell the judge what took place. The transcript reads:
'A. I got shot in the neck.
Q. In the neck?
A. Yes.
Q. Who shot you?
A. As far as I know-
MR. LEVIN (defense counsel): Objection.
Q. (By MR. KOUTZ) (Assistant State's Attorney): Would you be able to recognize the person that shot you if you were to see him in the courtroom?
A. Well, I didn't exactly see him fire.
Q. Well, would you be able to recognize that person if you were to see him in the courtroom?
A. Yes, I could.
Q. (By Mr. Koutz): Do you see that person in the courtroom?
THE COURT: Overruled.
Q. (By Mr. Koutz): Do you see that person in the courtroom?
A. Yes.
Q. Where is he?
A. Sitting over there next to the judge (indicating).
Q. This man, this gentleman you are referring to (indicating)?
A. Yes, sir.
MR. KOUTZ: Indicating the defendant, Your Honor, Lawrence Williams.'
It was then elicited that he was by himself inside his car when he was shot, that he had no weapon of any kind, that he had an argument with appellant 'once before but not that night,' that he did not know why appellant shot him, that he only knew appellant by name, that he was in the hospital for over three months as a result of the shooting and was presently paralyzed from the waist down. Asked how far away was the person who did the shooting, Gaines said, 'Just like the car was double parked and the pavement to the first floor window.' He said he was shot through a first floor window of what he thought was 2019 Madison. Avenue, and that a Barbara, whom he had known ever since he was a kid, lived there. On cross-examination he admitted that he did not know who shot him, did not see who shot him and that he told the police all he remembered was a flash. It appeared that he had been in the house and that only two other people were there, Barbara and appellant. Appellant was in bed but Gaines did not know if he was asleep or not because he did not go into the bedroom. Gaines and Barbara were in the living room. He left the house, entered his car and started to drive away when he saw a flash come from the window. 'It looked like it was coming towards my face, and that's when I turned my head and that's when the bullet lodged in my neck.'
Officer Wayne Warner of the Baltimore City Police Department testified that about 4:40 A.M. on 28 June 1969 he received a call to go to the 2000 block of Madison Avenue. Arriving in front of 2009 Madison Avenue he saw a 1964 Chevrolet double parked. Gaines, in a 'semi-conscious' condition was in the driver's seat slumped over the wheel. Warner asked what had happened and Gaines said he was shot. An ambulance arrived and as they were putting Gaines in it Warner asked him who shot him. (Gaines said he knew appellant by the name of Joe Williams.) About an hour after the shooting Warner went back to 2009 Madison Avenue, knocked on the door and received no answer. He observed that a screen over a first floor front window in an apartment occupied by Barbara Ann Griffin had a hole in the lower part 'and the little wires were pointed outwards towards the street.' He checked the screen for powder burns but 'couldn't say now what was on it.' Warner said that at a preliminary hearing he was sitting next to appellant waiting for the case to be called. Appellant struck up a conversation. He asked how bad Gaines was hurt, inquired when the case was coming up, said he was trying to get a lawyer and was unable to do so, 'things like that.' During the course of the conversation appellant said, 'I didn't give the gun to my brother, I threw it away.'
Appellant was arrested at 2405 Francis Street by Sergeant Edmond Solinsky while 'in company with a woman who identified herself as Barbara Ann Griffin' of 2009 Madison Avenue. The Sergeant gave appellant the Miranda warnings and patted him down. Appellant said that 'he gave the gun to his brother, Preston Williams, to get rid of it.' An attempt was made to interrogate him at the station house but he chose to remain silent.
The State rested. Motion for judgment of acquittal was made. It was denied without reason stated for the ruling. Appellant testified in his own behalf. He said he was in Barbara Griffin's house the morning of the shooting. It was then elicited that when he was awakened by the shot 'Barbara had a gun in her hand, and she told me she had shot at him because he had been to the house earlier that night * * * and they had got into a quarrel, or a fight, or something, and after I had seen he was hurt-I didn't know how bad he was hurt-I ran because I was panicky, I was scared, I didn't want to get involved * * * because I am married.' Asked about the gun, he said, He denied he had fired the weapon at any time and denied he had quarreled with Gaines that day: On cross-examination he said he had run out the back door because 'I didn't want nobody to see me.' He dropped the gun 'out there in the alley * * * I just throwed it.' He said he did not answer any questions because he called his lawyer at the police station and his lawyer advised him not to say anything. He denied seeing...
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