1.) Bean v. State, 234 Md. 432 (1964)
Defendant was convicted in the Circuit Court, Charles
County, John B. Gray, Jr., C. J., and J. Dudley Digges, J., of rape, upon
trial to a two-judge court, and he appealed. The Court of Appeals, Sybert,
J., held that finding that defendant's confession was voluntary and therefore
admissible was not an abuse of discretion even though defendant was only
fifteen years old when the confession was made and was locked up in jail
for several hours before questioning occurred during which confession was
made, and even though defendant had an I.Q. of only 74 at time of the confession.
Judgment affirmed.
Prescott, J., Brune, C. J., and Horney, J., dissented.
Mathias J. DeVito, Asst. Atty. Gen. (Thomas B. Finan,
Atty. Gen., Baltimore, and George W. Bowling, Sp. Asst. Counsel for State,
Waldorf, on the brief), for appellee.
Robert B. Barbour, La Plata, and W. A. C. Hughes, Jr.,
Baltimore, for appellant.
2.) DeVaughn v. State, 232 Md. 447 (1963)
Convicted of first-degree murder, by the Criminal Court
of Baltimore, Joseph L. Carter, J., sitting without a jury, defendant appealed.
The Court of Appeals, Marbury, J., held that decedent's death from combined
effects of wound inflicted by defendant and disease unconnected therewith
would not relieve defendant of responsibility, and that the evidence was
sufficient.
Affirmed.
W. A. C. Hughes, Jr., Baltimore, for appellant.
Stuart H. Rome, Asst. Atty. Gen. (Thomas B. Finan, Atty.
Gen., William J. O'Donnell, State's Atty., and Charles E. Moylan, Jr.,
Deputy State's Atty., Baltimore, on the brief), for appellee.
3.) Bird v. State, 231 Md. 432 (1963)
Prosecution resulting in conviction for assault with
intent to murder. The Criminal Court of Baltimore, Joseph L. Carter, J.,
entered judgment of conviction and defendant appealed. The Court of Appeals,
Horney, J., held that verdict was not contrary to evidence; however, trial
court did not have power to suspend sentence on condition that defendant
return to Puerto Rico and remain there for ten-year period.
Case remanded for imposition of proper sentence.
Juanita Jackson Mitchell and W. A. C. Hughes, Jr., Baltimore,
for appellant.
James P. Garland, Asst. Atty. Gen. (Thomas B. Finan,
Atty. Gen., William J. O'Donnell and James W. McAllister, State's Atty.
and Asst. State's Atty., respectively, for Baltimore City, on the brief),
Baltimore, for appellee.
4.) Allen v. State, 230 Md. 533 (1963)
Prosecution for homicide. The Criminal Court of Baltimore,
Michael J. Manley, J., entered a judgment of conviction and the defendant
appealed. The Court of Appeals held that although defendant, an epileptic,
had been drinking heavily on night of shooting, evidence sustained conviction
for first degree murder.
Affirmed.
W. A. C. Hughes, Jr., Baltimore, for appellant.
Robert C. Murphy, Deputy Atty. Gen. (Thomas B. Finan,
Atty. Gen., William J. O'Donnell, State's Atty. and George J. Helinski,
*534 Asst. State's Atty., Baltimore, on the brief), for appellee.
5.) 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.
6.) Kennard v. McKamer Realty Co., 224 Md. 490 (1961)
Actions to set aside a decree ordering the sale of a
cemetery. The Circuit Court of Baltimore City, Anselm Sodaro and S. Ralph
Warnken, JJ., dismissed the bills, and plaintiffs appealed. The Court of
Appeals, Horney, J., held that showing that the realty company which purchased
cemetery had been formed by the same three individuals who owned it prior
to sale, and showing that such individuals had made large profits on transaction,
were insufficient to show the parties had practiced fraud upon the court
in obtaining decree for sale of cemetery.
Affirmed.
Tucker R. Dearing, Paul J. Cockrell and W. A. C. Hughes,
Jr., Baltimore (Juanita Jackson Mitchell, Julius P. Robinson and Archie
D. Williams, Baltimore, on the brief), for appellants.
Walter C. Mylander, Jr., and Charles C. W. Atwater, Baltimore,
for appellees.
7.) Mason v. Wrightson, 205 Md. 481 (1954)
Patron of night club brought action against police sergeant
of City for assault and battery and false imprisonment. The Superior Court
of Baltimore City, W. Conwell Smith, C. J., entered judgment adverse to
patron, and patron appealed. The Court of Appeals, Brune, C. J., held that
where police sergeant, without a warrant, and in compliance with general
order of Police Commissioner in connection with campaign against major
crime wave, searched patron of night club for concealed weapons, over patron's
objections, though no misdemeanor was committed in sergeant's presence
and though he had no reasonable grounds to suspect that a felony had been
committed, such search constituted both an assault and battery and false
imprisonment for which patron could recover nominal damages of one cent.
Judgment reversed and judgment entered for patron for
one cent damages and costs.
Benjamin H. Foreman, Jr., W. A. C. Hughes, Jr., Baltimore,
for appellant.
J. Kemp Bartlett, III, Robert D. Bartlett, Baltimore,
for appellee.
8.) Payson St. Neighborhood Club v. Board of Liquor License
Com'rs for Baltimore City, 204 Md. 278 (1954)
Proceeding to review action of board of liquor license
commissioners in denying application for renewal of liquor license. The
Baltimore City Court, Herman M. Moser, J., held that where amendment making
statute, which requires rejection of license application upon protest by
more than 50% of neighboring property owners, inapplicable to application
for renewal of license, became effective after hearing on application and
after beginning of license year, but before decision on application had
been rendered, amendment was controlling, and reversed action of board.
Neighbors appealed. The Court of Appeals, Delaplaine, J., held that in
absence of citation of any previous decision at variance with present decision
there was no right of appeal from the Baltimore City Court to the Court
of Appeals.
Appeal dismissed, with costs.
W. A. C. Hughes, Jr., and Juanita Jackson Mitchell, Baltimore,
for appellants.
Edward D. E. Rollins, Atty. Gen., and Ambrose T. Hartman,
Asst. Atty. Gen., for appellee Board of Liquor License Commissioners of
Baltimore City.
Hilary W. Gans, Baltimore, for appellee H. Gloria Carter.
9.) Williams v. State, 204 Md. 55 (1954)
Defendants were convicted of assault and battery on police
officers. From judgments of the Criminal Court of Baltimore City imposing
fines on defendants, they appealed. The Court of Appeals, Sobeloff, C.
J., held that a verdict of the trial judge that one of defendant was not
guilty of disorderly conduct on or near a public street, as charged in
one count of the indictment, and the state's stetting of a like count in
the indictment of the other defendant after the city Supreme Bench granted
her motion for a new trial on such count following her conviction thereon
by a jury, did not invalidate the trial judge's and jury's convictions
of defendants for assault and battery as establishing unlawfulness of defendants'
arrests and consequent justification of assaults in resisting arrest.
Judgments affirmed.
W. A. C. Hughes, Jr., and Juanita Jackson Mitchell, Baltimore,
for appellants.
Ambrose T. Hartman, Asst. Atty. Gen. (Edward D. E. Rollins,
Atty. Gen., Anselm Sodaro, State's Atty., Baltimore, Edwin A. Gehring and
Theodore C. Waters, Jr., Asst. State's Attys., Baltimore, on the brief),
for appellee.
10.) Bradley v. State, 202 Md. 393 (1953)
An accused was convicted in the Criminal Court of Baltimore,
E. Paul Mason, J., of violating lottery laws by possessing lottery tapes,
and he appealed. The Court of Appeals, Collins, J., held that evidence
justified conviction.
Affirmed.
Wm. H. Murphy and W. A. C. Hughes, Jr., Baltimore, for
appellant.
Kenneth C. Proctor, Asst. Atty. Gen. (Edward D. E. Rollins,
Atty. Gen., Anselm Sodaro, State's Atty., and Julius A. Romano, Asst. State's
Atty., Baltimore, on the brief), for appellee.
11.) Kappelman v. Bowie, 201 Md. 86 (1952)
Bill by vendee against vendors for specific performance
of a real estate contract. The Circuit Court No. 2 of Baltimore City, W.
Conwell Smith, C. J., dismissed the bill and the complainant appealed.
The Court of Appeals, Henderson, J., held that where vendors placed reliance
on their real estate agent who informed them that ground rent would be
taken care of despite language of contract which provided for conveyance
in fee, and price was grossly inadequate, specific performance was properly
denied.
Affirmed.
Everett L. Buckmaster and George L. Clarke, Baltimore
(Buckmaster, White, Mindel & Clarke and Charles Mindel, Baltimore on
the brief), for appellant.
W. A. C. Hughes, Jr., Baltimore (Juanita Jackson Mitchell,
Baltimore, on the brief), for appellees.
12.) Hutchinson v. Farmer, 190 Md. 411 (1948)
Appeal from Circuit Court No. 2 of Baltimore City; Edwin
T. Dickerson, Judge.
Suit by James Farmer and another against Elizabeth Hutchinson
and others for a declaration of rights of the parties, for sale of leasehold
property and an appointment of a trustee therefor and for other relief.
From order overruling named defendant's demurrer to the bill of complaint,
the named defendant alone appeals.
Order reversed and bill dismissed.
W. A. C. Hughes, Jr., of Baltimore, for appellant.
Alfred Bagby, Jr., and George Ross Veazey, both of Baltimore,
for appellees.
13.) Perkins v. Jackson, 188 Md. 616 (1947)
On motion for reargument.
Motion denied.
Joseph Loeffler, of Baltimore (Isidore E. Levin and W.
A. C. Hughes, Jr., both of Baltimore, on the brief), for appellants.
Z. Townsend Parks, Jr., of Baltimore (Howard C. Bregel,
of Baltimore, on the brief), for appellee.
14.) Perkins v. Jackson, 188 Md. 616 (1947)
Appeal from Circuit Court of Baltimore City; Emory H.
Niles, Judge.
Suit by Effie Perkins and others against Pearl W. Jackson
and others, for cancellation of deeds conveying realty, an accounting,
appointment of a receiver and injunctive relief. From a decree dismissing
the complaint and ordering that named plaintiff and another account for
personal property and that named defendant account in Orphans' Court for
specified personal property, plaintiffs appeal.
Decree reversed and cause remanded for proceedings in
conformity with opinion.
Joseph Loeffler, of Baltimore (Isidore E. Levin and W.
A. C. Hughes, both of Baltimore, on the brief), for appellants.
Z. Townsend Parks, Jr., of Baltimore, (Howard C. Bregel,
of Baltimore, on the brief), for appellees.
15.) Jones v. State, 188 Md. 263 (1947)
Appeal from Criminal Court of Baltimore City; W. Conwell
Smith, Chief Judge, and John T. Tucker and Herman M. Moser, Judges.
Weldon Jones, Jr., was convicted of murder in the first
degree, and he appeals.
Affirmed.
W. A. C. Hughes, Jr., of Baltimore, and Charles H. Houston,
of Washington, D. C. (Joseph C. Waddy, of Washington, D. C., on the brief),
for appellant.
J. Edgar Harvey, Asst. Atty. Gen. (Hall Hammond, Atty.
Gen., J. Bernard Wells, State's Atty., and Anselm Sodaro, Asst. State's
Atty., both of Baltimore, Prentiss W. Evans, State's Atty., of Crisfield,
and Harry C. Dashiell, Sp. Asst. State's Atty., of Princess Anne, on the
brief), for appellee.
16.) Jones v. State, 185 Md. 481 (1946)
Appeal from Circuit Court, Wicomico County; W. Laird
Henry, Chief Judge, and Levin C. Bailey and Edmond H. Johnson, Judges.
Weldon Jones, Jr., and Holbrook Jones were convicted
of murder in the first degree, and they appeal.
Reversed and remanded with directions.
W. A. C. Hughes, Jr., of Baltimore, for appellants.
Harry C. Dashiell, Acting State's Atty., of Princess
Anne, and J. Edgar Harvey, Atty. Gen. (William Curran, Atty. Gen., and
Rex A. Taylor, State's Atty., of Salisbury, on the brief), for appellee.
17.) Williams v. Robinson, 183 Md. 117 (1944)
Appeal from Circuit Court of Baltimore City; W. Conwell
Smith, Judge.
Suit by Stephen Robinson against Lottie R. Williams to
annul two deeds. From an adverse decree, defendant appeals.
Decree reversed, and complaint dismissed.
Dallas F. Nicholas, of Baltimore (Nicholas & Gosnell,
of Baltimore, on the brief), for appellant.
W. A. C. Hughes, Jr., of Baltimore, for appellee.
18.) Hark v. Green, 168 Md. 690 (1935)
Appeal from Circuit Court of Baltimore City; Albert S.
J. Owens, Judge.
Suit by Billie Ethel Hark, a minor, by Sarah Weiss, her
sister and next friend, and others, against Tony Green, otherwise known
as Kiowa Costonie and "Prophet Costonie," and others. From a decree dissolving
a preliminary injunction and dismissing the bill, complainants appeal.
Affirmed.
Leonard Weinberg and Harry J. Green, both of Baltimore
(Weinberg & Sweeten, Herman Samuelson, and Oscar Samuelson, all of
Baltimore, on the brief), for appellants.
W. A. C. Hughes, Jr., of Baltimore (Warner T. McGuinn,
of Baltimore, on the brief), for appellee.
19.) Green v. Samuelson, 168 Md. 421 (1935)
Appeal from Circuit Court of Baltimore City; Albert S.
J. Owens, Judge.
Suit by Aaron Samuelson, trading as the Tommy Tucker
5 and 10 Cent Stores, and others against Tony Green, otherwise known as
Kiowa Costonie and also known as "Prophet Costonie," and others, wherein
a temporary injunction was granted plaintiffs. From a decree making the
temporary injunction permanent, defendants appeal.
Affirmed in part and reversed in part.
W. A. C. Hughes, Jr., of Baltimore (McGuinn & Hughes
and Warner T. McGuinn, all of Baltimore, on the brief), for appellants.
Leonard Weinberg and Harry J. Green, both of Baltimore
(Weinberg & Sweeten, Herman Samuelson, and Oscar Samuelson, all of
Baltimore, on the brief), for appellees.
20.) Lankford v. Gelston, 364 F.2d 197 (1966)
Action against police commissioner to enjoin police practice.
The United States District Court for the District of Maryland, at Baltimore,
Roszel C. Thomsen, J., 240 F.Supp. 550, denied relief while retaining jurisdiction,
and plaintiffs appealed. The Court of Appeals, Sobeloff, Circuit Judge,
held that commissioner whose officers had, on 300 occasions over 19 days,
searched third persons' homes, without search warrants and on uninvestigated
and anonymous tips, for suspects, in accordance with routine practice and
plan conceived by high ranking officials, would be enjoined from conducting
such searches on uncorroborated anonymous tips and thus without probable
cause, although searches for particular suspects had ceased and commissioner
had ordered that there be no further searches without probable cause; injunction
against any such search without search warrant was not deemed necessary.
Reversed and remanded.
James M. Nabrit, III. New York City, and Anthony G. Amsterdam,
Washington, *198 D.C. (Jack Greenberg, Melvyn Zarr, Michael Meltsner, New
York City, Juanita Jackson Mitchell, Tucker R. Dearing and W. A. C. Hughes,
Jr., Baltimore, Md., on brief), for appellants.
Robert C. Murphy, Deputy Atty. Gen. of Maryland (Thomas
B. Finan, Atty. Genof Marlyand, on brief), for appellee.
21.) Kerr v. Enoch Pratt Free Library of Baltimore City,
149 F.2d 212 (1945)
Appeal from the District Court of the United States for
the District of Maryland, at Baltimore; W. Calvin Chesnut, Judge.
Action by T. Henderson Kerr and another against the Enoch
Pratt Free Library of Baltimore City and others for pecuniary damages,
for injunctive relief, and for declaratory judgment. From a judgment dismissing
the complaint, 54 F.Supp. 514, plaintiffs appeal.
Reversed and remanded.
Charles H. Houston, of Washington, D.C. (W. A. C. Hughes,
of Baltimore, Md., on the brief), for appellants.
John Henry Lewin, of Baltimore, Md. (Harry N. Baetjer
and Allen A. Davis, both of Baltimore, Md., on the brief), for appellees.
22.) Lankford v. Schmidt, 240 F.Supp. 550 (1965)
Action for injunctive relief against city police commissioner
and police officers from continuing or resuming certain allegedly illegal
practices regarding searches of private buildings. The District Court,
Thomsen, Chief Judge, held that evidence satisfied court that city police
commissioner and other police officers would make a bona fide effort in
future to observe rules respecting right to enter private buildings for
arrest of person for whom they had an arrest warrant, and a preliminary
injunction requiring their observance of constitutional rights would not
be issued under circumstances.
Order accordingly.
Juanita Jackson Mitchell, Tucker R. Dearing and W. A.
C. Hughes, Jr., Baltimore, Md., James M. Nabrit, III, Melvin Zarr and Jack
Greenberg, New York City, for plaintiffs.
Thomas B. Finan, Atty. Gen. of Maryland, Robert C. Murphy,
Deputy Atty. Gen., and John W. Sause, Jr., Asst. Atty. Gen., Baltimore,
Md., for defendant.
Robert E. Coughlan, Jr., H. Vernon Eney and William L.
Marbury, Baltimore, Md., amici curiae.
23.) Law v. Mayor and City Council of Baltimore, 78 F.Supp.
346 (1948)
Action by Charles R. Lawagainst Mayor and City Council
of Baltimore and others, for enforcement of civil rights arising from Fourteenth
Amendment, U.S.C.A. Const. Amend. 14, in regard to use of municipal golf
course by Negro golfers.
Judgment for plaintiff in accordance with opinion.
Charles H. Houston and Joseph C. Waddy, both of Washington,
D.C., and W.A.C. Hughes, Jr., of Baltimore, Md., for plaintiff.
Thomas N. Biddoson, City Sol., and Allen A. Davis, Asst.
City Sol., both of Baltimore, Md.,for defendant.
24.) Norris v. Mayor and City Council of Baltimore, 78
F.Supp. 451 (1948)
Action by Leon A. Norris against the Mayor and City Council
of Baltimore and Maryland Institute for the promotion of the mechanic arts,
for a declaratory judgment, and for other relief.
Complaint dismissed.
Charles H. Houston, of Washington, D.C., and Fred E.
Weisgal, Harry O. Levin, and W. A. C. Hughes, Jr., all of Baltimore, Md.,
for plaintiff.
R. E. Lee Marshall, of Baltimore, Md., for defendant
Maryland Institute.
Allan A. Davis, Asst. City Sol., of Baltimore, Md., for
Mayor and City Council.