1.) Harris v. State, 241 Md. 596 (1966)
Proceedings for recision and revision of judgments and
sentences. The Criminal Court of Baltimore, Charles D. Harris, J., substantially
denied the petition, and the petitioner appealed. The Court of Appeals,
Marbury, J., held that appeal from denial of petition would be dismissed,
in view of the Post Conviction Procedure Act provision preclusive of reviewability,
unless proceeding below was brought under Post Conviction Procedure Act.
Appeal dismissed, without prejudice.
Dallas F. Nicholas, Baltimore, for appellant.
John C. Cooper, III, Asst. Atty. Gen. (Thomas B. Finan,
Atty. Gen. and Charles E. Moylan, Jr., State's Atty. for Baltimore City,
on the brief), Baltimore, for appellee.
2.) Espin v. State, 230 Md. 298 (1962)
Prosecution on charge of robbery of a taxicab driver
with a deadly weapon. From adverse judgments of the Criminal Court of Baltimore,
Michael J. Manley, J., the defendants appealed. The Court of Appeals held
that the evidence was sufficient to sustain the convictions.
Judgments affirmed.
Dallas F. Nicholas, Baltimore, for appellants.
Loring E. Howes, Asst. Atty. Gen. (Thomas B. Finan, Atty.
Gen., William J. O'Donnell, State's Atty., and Dene L. Lusby. Asst. State's
Atty. for Baltimore City, Baltimore, on the brief), for appellee.
3.) Nicholas v. Owrutsky, 230 Md. 60 (1962)
Action involving adverse claims of minor and executors
of decedent to account which decedent had opened in building and loan association.
The Circuit Court of Baltimore City, James K. Cullen, J., entered a decree
favorable to the executors, and the minor's guardian appealed. The Court
of Appeals, Brune, C. J., held that deposits by grandaunt in the account
were not gifts to the minor, a grandniece, and executors were entitled
to the proceeds where form of account contained certification that minor,
subject to order of the decedent, held savings account in the association,
and decedent held sole and executive possession of pass book until her
death.
Affirmed.
Dallas F. Nicholas, Baltimore (Nicholas Gosnell, Baltimore,
on the brief), for appellant.
Charles Yumkas, Baltimore (Jacob Blum, Baltimore, on
the brief), for appellees.
4.) Veney v. State, 227 Md. 608 (1962)
The defendant was convicted in the Criminal Court of
Baltimore, Joseph L. Carter, J., of two assaults with intent to murder
in cases No. 1149 and No. 1151, of attempting to rob with a dangerous weapon
in case No. 1150, and in case No. 1152 of carrying a concealed weapon and
of carrying a weapon openly with the intention and purpose of injuring
a certain person, and he appealed. The Court of Appeals, Prescott, J.,
held that the evidence was insufficient to sustain the conviction for carrying
a weapon openly with intention of injuring a person, but that the evidence
was sufficient to sustain the other convictions.
Judgments of conviction for assault with intent to murder
and attempt to rob with a deadly weapon affirmed, and case remanded to
strike out general verdict of guilty in case No. 1152 and to enter verdict
of guilty on count charging defendant with carrying concealed weapon and
not guilty on court charging him with carrying weapon openly with intention
of injuring person.
Dallas F. Nicholas, Baltimore, for appellant.
Lawrence F. Rodowsky, Asst. Atty. Gen. (Thomas B. Finan,
Atty. Gen., Saul A. Harris and John W. Sause, Jr., State's Atty. and Asst.
State's Atty., respectively, of Baltimore City, Baltimore, on the brief),
for appellee.
5.) Veney v. State, 225 Md. 237 (1961)
Defendant was convicted in the Criminal Court of Baltimore,
Joseph R. Byrnes, J., of armed robbery, and he appealed. The Court of Appeals
held that evidence warranted conviction on basis of defendant's admissions,
notwithstanding alibi evidence and failure to make positive identification.
Affirmed.
Dallas F. Nicholas, Baltimore, for appellant.
William J. McCarthy, Asst. Atty. Gen., Thomas B. Finan,
Atty. Gen., Saul A. Harris, State's Atty., Joseph G. Koutz, Deputy State's
Atty., and Julius A. Romano, Asst. State's Atty. for Baltimore City, Baltimore,
on the brief), for appellee.
6.) 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.
7.) State for Use of Pitts v. Hayes, 221 Md. 308 (1960)
Action by claimant to distributive shares in intestate
estates to recover against administrator and his surety. The Superior Court
of Baltimore City, Michael J. Manley, J., entered judgment for cost after
directing a verdict for administrator and surety, and claimant appealed.
The Court of Appeals, Henderson, J., held that where claimant was allegedly
the adopted daughter of deceased who also had a son and deceased died and
then his wife and son died and none of the estates were probated until
several years later when letters of administration were taken out on all
three estates and only in the case of last distribution in deceased son's
estate did administrator give notice to distributees as authorized by code,
administrator could not claim that he was protected because the money involved
in deceased's estate and his wife's estate was the same as involved in
deceased son's estate.
Reversed and remanded.
David Kimmelman, Baltimore, for appellant.
Dallas F. Nicholas, Baltimore (Solomon Baylor, Baltimore,
on the brief), for appellees.
8.) Ryan v. Johnson, 220 Md. 70 (1959)
Suit in assumpsit. The Circuit Court for Carroll County,
James E. Boylan, C. J., deciding that defendant had no meritorious defense,
refused to grant defendant's motion to strike out default judgment in favor
of plaintiff, and defendant appealed. The Court of Appeals, Brune, C. J.,
held that it would be valid and meritorious defense that plaintiff's payment
of defendant's bills had constituted gifts.
Judgment reversed and case remanded with directions.
Dallas F. Nicholas, Baltimore (Nicholas & Gosnell,
Baltimore, on the brief), for appellant.
Edward L. Putzel, Baltimore, for appellee.
9.) Elliott v. State, 215 Md. 152 (1957)
Prosecution for murder wherein defendant stated that
he watched deceased from door of his aunt's house, and, after getting shotgun
and loading it, he resumed watching deceased come across two streets, and
into range of shotgun whereupon he stood in front of doorway, took aim
and fired. From adverse judgment of the Criminal Court of Baltimore, John
T. Tucker and James K. Cullen, JJ., the defendant appealed. The Court of
Appeals, Horney, J., held that evidence was sufficient to sustain finding
that defendant had an actual intent to kill, he had fully formed a purpose
to kill, and that he had enough time to deliberate and premediate the killing,
and to sustain a conviction for murder in the first degree.
Judgment affirmed.
Dallas F. Nicholas, Baltimore, for appellant.
Theodore C. Waters, Jr., Asst. Atty. Gen. (C. Ferdinand
Sybert, Atty. Gen., J. Harold Grady, State's Atty. and James F. Price,
Exec. Asst. State's Atty., Baltimore, on the brief), for appellee.
10.) In re Harris, 200 Md. 300 (1952)
Proceedings in the matter of the custody of Jo Ann Harris,
a minor, by Josephine Barton Harris for change of custody to herself from
Morris D. Frye and Mary E. Frye, his wife. The Circuit Court, for Carroll
County, James E. Boylan, Jr., J., entered decree adverse to Josephine Barton
Harris, and she appealed. The Court of Appeals, Collins, J., held that
record sustained conclusion of chancellor that best interests of child
did not warrant change of custody.
Order affirmed, with costs.
Dallas F. Nicholas, Baltimore, and Donald C. Sponseller,
Westminster, for appellant.
E. O. Weant, Jr., Westminster (A. Earl Shipley, Westminster,
on the brief), for appellees.
11.) Evans v. Shiloh Baptist Church, 196 Md. 543 (1950)
Reverend William L. Evans and others brought suit against
The Shiloh Baptist Church, Inc., also known as Shiloh Baptist Church, Inc.,
also known as New Shiloh Baptist Church of Baltimore, a body corporate,
and others to have the named plaintiff restored to his position as assistant
pastor, to have the plaintiffs removed from status of 'under discipline,'
to have one of the plaintiffs restored to his position as secretary of
the trustee board, and to have a meeting of the entire membership of the
named defendant at which there should be made a complete report and accounting.
The Circuit Court No. 2 of Baltimore City, Emory H. Niles, J., rendered
an order adverse to the plaintiffs and they appealed, and the defendants
moved to dismiss the appeal of certain of plaintiffs. The Court of Appeals,
Markell, J., held that placing of plaintiffs 'under discipline' was an
ecclesiastical matter which courts would not review.
Affirmed.
Dallas F. Nicholas and U. Theodore Hayes, Baltimore,
(Nicholas & Gosnell, Baltimore, on the brief), for appellants.
Harry O. Levin and Marshall A. Levin, Baltimore, for
appellees.
12.) Hammond v. Lancaster, 194 Md. 462 (1950)
H. Carrington Lancaster and others brought suit against
Hall Hammond, Attorney General of the State of Maryland, and others, challenging
the constitutionality of the Subversive Activities Act and the emergency
act re-enacting section three of the Subversive Activities Act and declaring
it an emergency measure, and to enjoin defendants from enforcing any of
the provisions of the acts.
The Circuit Court No. 2, of Baltimore City, Joseph Sherbow,
J., rendered a decree for the complainants, and the defendants appealed.
The Court of Appeals, Henderson, J., held that questions
relating to validity of the Emergency Act were properly before the Court,
that the Emergency Act did not violate the referendum amendment, and that
none of the complainants had any standing to maintain suit to have certain
provisions of the Subversive Activities Act and Emergency Act declared
unconstitutional.
Decree reversed and bill dismissed.
Hall Hammond, Atty. Gen., J. Edgar Harvey, Deputy Atty.
Gen., and Frank B. Ober, Baltimore (Thomas N. Biddison, City Solicitor,
Leroy W. Preston, Asst. City Solicitor, and Hugo A. Ricciuti, Asst. City
Solicitor, Baltimore, on the brief), for appellants.
I. Duke Avnet and Linwood G. Koger, Baltimore (Mitchell
A. Dubow, Donald G. Murray, Robert P. McGuinn and Bernard Rosen, Baltimore,
on the brief), for appellees.
Frank B. Ober, Baltimore, for John W. Avirett, 2d, et
al., former members of the Commission Subversive Activities.
William F. McDonald, Baltimore, and James A. Perrott,
Baltimore, on the brief, amici curiae, for Maryland Committee Against Unamerican
Activities.
Harold Buchman, Baltimore, on the brief, amici curiae
for National Union of Marine Cooks and Stewards, CIO.
David Rein, Washington, D. C., Dallas F. Nicholas, Baltimore,
and Robert J. Silberstein, Washington, D. C., on the brief, amici curiae
for National Lawyers Guild.
Arnold H. Seixas, New York City, Thurgood Marshall, New
York City, and Robert L. Carter, Washington, D. C., on the brief, amici
curiae for National Association for Advancement of Colored People.
Jacob J. Edelman and Marshall A. Levin, Baltimore, on
the brief, amici curiae for Baltimore Federation of Labor and Baltimore
Teachers Union, Local 340.
Eugene M. Feinblatt, Donald N. Rothman, Baltimore, on
the brief, amici curiae for Americans for Democratic Action.
Joseph I. Paper and Joseph Burke, Baltimore, on the brief,
amici curiae for Md. Civil Liberties Committee, Inc.
Isador B. Terrell, Baltimore, on the brief, amicus curiae
for American Assoc. of Social Workers, Md. Chapter.
William H. Murphy, Baltimore, on the brief, amicus curiae
for National Council of the Arts, Sciences and Professions.
Lee Pressman, New York City, on the brief, amicus curiae
for International Workers Order.
Harold Buchman, Baltimore, James Stewart Martin, Annapolis,
and John J. Abt, New York City, on the brief, amici curiae for Progressive
Party of Maryland.
Nathan Witt, New York City, amicus curiae for Food, Tobacco,
etc. Workers Union, et al.
Hilary W. Gans, Baltimore, on the brief, amicus curiae
for John Hopkins University Chap., Amer. Assoc. University Professors.
David Scribner and Basil R. Pollitt, New York City, on
the brief, amici curiae for United Electrical, Radio & Machine Workers
of America.
Maurice Braverman, Baltimore, on the brief, amicus curiae
for Communist Party of Maryland.
Ely Albert Castleman, Baltimore, on the brief, amicus
curiae for Interdenominational Ministerial Alliance.
13.) 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.
14.) Durkee v. Murphy, 181 Md. 259 (1942)
Appeals from Superior Court of Baltimore City; Eugene
O'Dunne, Judge.
Action by D. Arnett Murphy against Frank H. Durkee and
others, constituting the Board of Park Commissioners of Baltimore City,
Md., and others, for a writ of mandamus to remove restriction segregating
negro golf players on one of the four courses maintained by defendant city
in its public parks and to admit plaintiff, a negro, to the other courses.
From order for issuance of writ of mandamus entered upon verdict of the
jury and from an order refusing to fix penalty on the appeal bond offered
in order to stay execution and from the writ issued in accordance with
the court's order, defendants appeal.
Orders appealed from in first two appeals reversed with
costs and new trial awarded and appeal from writ issued dismissed.
Wilson K. Barnes, Deputy City Sol., and J. Gilbert Prendergast,
Asst. City Sol., both of Baltimore (F. Murray Benson, City Sol., of Baltimore,
on the brief), for appellants in all three cases.
Jesse Slingluff, Jr., of Baltimore, on the brief, for
Maryland Committee of American Civil Liberties Union.
Dallas F. Nicholas and Robert P. McGuinn, both of Baltimore
(Nicholas & Gosnell, of Baltimore, Md., and Charles H. Houston, of
Washington, D. C., on the brief), for appellee in all three cases.
15.) Boyer v. Garrett, 183 F.2d 582 (1950)
Action by Philip Boyer, and others, against Robert Garrett,
and others, to recover damages and enjoin defendants, as members of the
Board of Recreation and Parks of the City of Baltimore, and others, from
enforcing a rule providing for the segregation of the races in athletic
activities in public parks and playgrounds subject to the control of the
Board. The United States District Court for the District of Maryland at
Baltimore, W. Calvin Chesnut, J., rendered a decision, 88 F.Supp. 353,
granting the defendants' motion for summary judgment, and the plaintiffs
appealed. The Court of Appeals, Per Curiam, held that the rule did not
violate amendments to the Federal Constitution.
Affirmed.
Dallas F. Nicholas and I. Duke Avnet, Baltimore, Md.
(Edgar Paul Boyko and William H. Murphy, Baltimore, Md., on brief) for
appellants.
Allen A. Davis, Baltimore, Md. (Thomas N. Biddison and
Hugo A. Ricciuti, Baltimore, Md., on brief) for appellees.
16.) The YFNX-6, 156 F.Supp. 325 (1957)
Proceeding by United States, as owner of Navy barge,
which sank in Delaware Bay, for exoneration from or limitation of liability
in respect to claims arising out of the sinking, eight days later, of fishing
vessel which struck unseen object in Delaware Bay. The District Court,
Thomsen, Chief Judge, held that even through loss of Navy barge was caused
by negligence on part of Government's tug in towing barge at too great
a speed, where there was no other negligence on the part of the Government
either in sending out the barge or in permitting the escape of debris from
the wreck, and the peculiar damage to hull of fishing vessel was not caused
by anything that came off the barge, the Government was entitled to exoneration
from liability.
Decree exonerating the United States from liability.
Leon H. A. Pierson, U.S. Atty., Baltimore, Md. (Charles
S. Haight, Jr., Atty., Admiralty & Shipping Section, Department of
Justice, Washington, D.C., of counsel), for petitioner.
Skeen, Wilson & Coughlin, Baltimore, Md., Rollins,
Smalkin, Weston & Andrew, Josiah F. Henry, Jr., Dallas F. Nicholas,
and Harry K. Lott, Baltimore, Md. (John H. Skeen, Jr., Baltimore, Md.,
of counsel), for claimants.
17.) Boyer v. Garrett, 88 F.Supp. 353 (1949)
Phillip Boyer and others sued Robert Garrett and others
to recover damages and to enjoin defendants as members of the Board of
Recreation of the City of Baltimore and others from enforcing a rule or
practice providing for the segregation of the races in athletic activities,
including the sports of golf, basketball, and tennis, in the public parks
and places subject to the control of the board.
Defendants moved for summary judgment.
The District Court, Chesnut, J., held that the requirements
of the board with respect to the segregation did not deprive plaintiffs
or interfere with their constitutional rights within the meaning of the
federal statute creating a cause of action for deprivation of such rights.
Motion granted.
I. Duke Avnet, Baltimore, Md., Edgar Paul Boyko, William
H. Murphy, Dallas F. Nicholas, Baltimore, Md., for plaintiffs.
Thomas N. Biddison, City Sol., Allen A. Davis, John J.
Ghingher, Jr., Hugo A. Ricciutti, Asst. City Sols., Baltimore, Md., for
Mayor & City Council of Baltimore and Board of Recreation and Parks.
John Henry Lewin, Baltimore, Md. (Venable, Baetjer &
Howard, Baltimore, Md.), for certain members of the Board sued individually.