Appeal from the Circuit Court for Montgomery County (PUGH, J.).
The cause was argued before Brune, C. J., and Hammond, Prescott, Horney and Sybert, JJ.
PRESCOTT, J., delivered the opinion of the Court.
George Edward Cook was convicted, in the Circuit Court for Montgomery County, of murder in the first degree, and sentenced to confinement for the period of his natural life.
There was testimony, which, if believed by the jury, established the following facts: the appellant was 43 years of age and had been married for 19 of them. The deceased, one Fred Blowers, was 41 years old, and he also was married. Blowers, his wife and the appellant all worked at the same place in Bethesda, Maryland -- Blowers working a shift from late afternoon until midnight, and his wife and the appellant working the day shift. The appellant and Blowers' wife became enamored of each other, and they had had sexual relations several times before May 24, 1960 (this was admitted by the appellant), the date when Blowers was killed.
On the day of the killing, the appellant went to the Blowers apartment at about 5:00 p.m., accompanied by his son David, age 15, and six bottles of beer. Blowers and David went outside to work on Blowers' car. The appellant admitted kissing and making love to Mrs. Blowers during their absence, and also asked her "to go away with him," which she declined to do.
When Blowers and David returned, the appellant and Blowers finished consuming the beer, and the appellant went out and got two bottles of whiskey. The appellant, Blowers and David began drinking the whiskey, and Blowers, challenging David as to his ability to consume the same, poured him large drinks until the boy became sick and insensible. At about 10:45 p.m., the appellant carried his son to appellant's automobile and took him to his home in Frederick, a distance of some 12 to 15 miles. There was no argument between the appellant and the deceased, who retired about 11:00 p.m.
Later, Mrs. Blowers was awakened by a knocking at the door. Her husband called, "George, is that you?" An affirmative response was made by a voice, which she recognized as Cook's. Blowers unlatched the door, but did not open it, and went to the bathroom. There was another knock on the
door, and her husband said, "Come in." She heard someone say, "Freddy," and her husband reply, "Yes," and then came the shot. She saw Cook, the appellant, going through the living room, out the door, with a gun in his hand.
Mrs. Blowers' sixteen-year-old daughter was also awakened by a knocking on the door and she heard a few words, spoken moderately, between her father and the visitor, and the voice of the latter was Cook's.
The manager of the apartment house where the Blowers family lived was awakened by the shot. He raised the curtain, and saw a green Oldsmobile, belonging to Cook, leave the parking lot, with the headlights off.
The appellant was apprehended at his home in Frederick at about 12:45 a.m. on the morning of May 25th. A search of his premises produced a 12-gauge shotgun found under a shack in the rear of the home, a green Oldsmobile and a fired 12-gauge shotgun shell on the ground a few feet from its left front wheel. An expert testified that ...