1.) Smith v. Washington, 245 Md. 300 (1967)
Action to establish title to land. The Circuit Court,
Prince George's County, Ralph W. Powers, J., rendered judgment and appeal
was taken. The Court of Appeals, McWilliams, J., held that under evidence
that tract of land was conveyed to trustees in 1845 to be used for church
purposes, that church was built on tract and about year 1900 church was
abandoned and services continued at new church across road from tract,
that entire tract was fenced in and that no recent use was made of property,
finding that claimant under 1956 deed had not proved acts of ownership
exercised by predecessors, under which he claimed title, which were public
and notorious and calculated to notify trustees of church of hostile invasion,
and that claimant had not acquired title by adverse possession, was not
clearly erroneous.
Affirmed.
Austin P. Frum, Washington, D. C. (Thomas S. Jackson,
Kensington, and Thomas Elmo Jones, Upper Marlboro, on the brief), for appellant.
William I. Gosnell, Baltimore, for appellees.
2.) Lee v. Davis' Estate, 226 Md. 416 (1961)
Proceedings involving construction of will. The Circuit
Court No. 2 of Baltimore City, Anselm Sodaro, J., rendered a declaratory
decree and one of the legatees appealed. The Court of Appeals, Horney,
J., held that will clause bequeathing to legatee 'any pieces of personalty'
not otherwise disposed of in the will, included only such items of tangible
property as were owned by testatrix in her own right when the will was
made.
Cause remanded for further proceedings without affirmance
or modification of decree.
W. A. C. Hughes, Jr., Baltimore (Milton B. Allen, Baltimore,
on the brief), for appellant.
William I. Gosnell, Baltimore, for appellee.
3.) Dyson v. State, 226 Md. 18 (1961)
Defendant was convicted in the Criminal Court of Baltimore,
Joseph R. Byrnes, J., of two counts of robbery, and one count of attempt
to rob with a deadly weapon, and he appealed. The Court of Appeals held
that recovery by police of fruits of a robbery from a garage in which defendant
was seen to run, and from a house in which defendant was subsequently trapped,
and their identification by robbery victim, sufficiently established defendant's
connection with and participation in the robbery, even though victim was
not able to identify defendant.
Judgments affirmed.
William I. Gosnell, Baltimore, for appellant.
Robert C. Murphy, Asst. Atty. Gen. (Thomas B. Finan,
Atty. Gen., Saul A. Harris, State's Atty., and John W. Sause, Jr., Asst.
State's Atty., for Baltimore City, Baltimore, on the brief), for appellee.
4.) Johns v. State, 221 Md. 456 (1960)
Defendant was convicted of statutory burglary and larceny
in breaking and entering storehouse and stealing items therefrom. The Criminal
Court of Baltimore City, Joseph Allen, J., rendered judgment and defendant
appealed. The Court of Appeals held that record on appeal failed to reveal
that trial court was clearly in error in finding defendant guilty of statutory
burglary and larceny rather than of receiving stolen property.
Affirmed.
Dallas F. Nicholas, Baltimore (William I. Gosnell, Baltimore,
on the brief), for appellant.
C. Ferdinand Sybert, Atty. Gen., Joseph S. Kaufman, Asst.
Atty. Gen., Saul A. Harris, State's Atty., Joseph G. Koutz, Deputy State's
Atty., Baltimore, on the brief, for Baltimore City.
5.) Mullan Const. Co. v. Day, 218 Md. 581 (1959)
Workmen's compensation proceeding. From a judgment of
the Baltimore City Court, Edward Harlan, J., reversing a decision of the
State Industrial Accident Commission that the claimant was partially but
not totally dependent upon the deceased at time of injury the employer
and insurance carrier appealed. The Court of Appeals, Horney, J., held,
inter alia, that where wife's earnings were substantial, she did not subsist
solely out of earnings of her husband, and she either could not or would
not account for more than half of her net earnings, and employer and insurance
carrier conceded that claimant was partially dependent, trial court should
have granted either the instruction for a directed verdict on question
of total dependency or the motion for judgment n. o. v.
Reversed and remanded.
Robert E. Coughlan, Jr., Baltimore, for appellants.
William I. Gosnell, Baltimore (Nicholas & Gosnell,
Baltimore), for appellee.
6.) Farrell v. State, 213 Md. 348 (1957)
Prosecution for rape. From adverse judgment of the Criminal
Court of Baltimore, Joseph L. Carter, J., the defendant appealed. The Court
of Appeals, Collins, J., held that where defense counsel did not know that
defendant had been in mental institution until after pleas to charge of
rape were filed and defendant had taken stand in his own defense, evidence
relating to results of medical examination made after entry of tentative
verdict of guilty should have been taken in open court, subject to rules
of evidence with opportunity for cross examination on issue of mental capacity
and failure to do so was basis for granting new trial.
Judgment reversed and case remanded for new trial.
Henderson, J., dissented.
William I. Gosnell, Baltimore, for appellant.
Joseph S. Kaufman, Asst. Atty. Gen. (C. Ferdinand Sybert,
Atty. Gen., J. Harold Grady, State's Atty., and Joseph G. Koutz, and Norman
Polski, Asst. State's Attys., Baltimore, on the brief), for appellee.
7.) Lee v. Green, 195 Md. 462 (1950)
Mary Lee, mother of the decedent, instituted proceedings
against Henryene P. Green, administratrix of the estate of Vernon Green,
deceased, for revocation of the ancillary letters of administration granted
to defendant. The Orphan's Court of Baltimore City, Leo J. Cummings, Samuel
Lasch and Dulaney Foster, JJ., issued an order dismissing plaintiff's petition
and the plaintiff appealed. The Court of Appeals, Collins, J., found no
clear and definite intent of decedent to change his domicile from Nashville,
Tennessee.
Affirmed.
Samuel Abrams, Baltimore, for appellant.
William I. Gosnell, Baltimore (Nicholas & Gosnell,
Baltimore, on the brief), for appellee.
8.) Smith v. Smith, 182 Md. 403 (1943)
Appeals from Orphans' Court of Baltimore City; Philip
L. Sykes and Samuel Lasch, Judges.
Separate proceedings in the matter of the estate of Lottie
Wilson, deceased, by Deaver Smith, as administrator of such estate and
as a claimant against such estate, in each case opposed by Harry Smith
and Stewart Smith, heirs of such estate. The claim was disallowed in part,
and Deaver Smith appeals.
Appeal dismissed in both cases.
William I. Gosnell, of Baltimore (Nicholas & Gosnell,
of Baltimore, on the brief), for appellant in both cases.
Lottie Friedler, of Baltimore, for appellees in both
cases.
9.) Pearson v. Murray, 169 Md. 478 (1936)
Appeal from Baltimore City Court; Eugene O'Dunne, Judge.
Mandamus by Donald G. Murray to compel Raymond A. Pearson
and others, officers and members of the Board of Regents of the University
of Maryland, to admit petitioner as a student in the law school of the
university. From an order directing issuance of the writ, respondents appeal.
Order affirmed.
Charles T. LeViness, 3d, and Wm. L. Henderson, Asst.
Attys. Gen. (Herbert R. O'Conor, Atty. Gen., on the brief), for appellants.
Thurgood Marshall, of Baltimore, and Charles H. Houston,
of Washington, D. C. (William I. Gosnell, of Baltimore, on the brief),
for appellee.