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Foster v. State

Decided: December 13, 1962.

FOSTER
v.
STATE (TWO APPEALS IN ONE RECORD)



Appeals from the Criminal Court of Baltimore; Prendergast, J.

Brune, C. J., and Henderson, Prescott, Horney and Sybert, JJ. Horney, J., delivered the opinion of the Court.

Horney

The defendant (Lindsey Calvin Foster, Jr.) was convicted by the Criminal Court of Baltimore sitting without a jury of two conspiracies under separate indictments, and has appealed.

The Conspiracy To Kidnap

Under one indictment (No. 2605/61), the defendant was charged with conspiring with Alfred Pittore and others to carry (i.e., kidnap) Edward L. Corbi within the State.

The record shows that James Ball testified that following a meeting between Ralph Norton, Pittore and the defendant at the home of the latter, all of them, including Ball, proceeded in two cars to Market Place in downtown Baltimore as planned. On the way, the defendant, who was riding with Ball, told him that he was "leery of snatching Corbi." At the rendezvous, Norton described Corbi to all present, and Ball left to go to Corbi's restaurant, apparently to reconnoiter the situation. Later when Ball informed the defendant that Pittore and Norton had disagreed about something and were not going through with the kidnapping, the defendant responded that he was through too. And when Pittore suggested that the remaining three go to Corbi's home, Ball and the defendant declined. Ball admitted that he and Pittore had done some planning, but stated, that to his knowledge, there had been no agreement between the other conspirators and the defendant. In a statement made to the police, the defendant confessed his participation in the conspiracy.

In this case, it is contended that the conviction cannot be sustained because the only evidence the State produced to prove the corpus delicti, other than the confession of the defendant, was the uncorroborated testimony of an accomplice and co-conspirator. The contention is wholly without merit. The evidence apart from the confession need not establish the corpus delicti beyond a reasonable ...


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