Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lewis v. State

Decided: July 9, 1964.

LEWIS
v.
STATE



Appeal from the Criminal Court of Baltimore (BYRNES, J.).

The cause was argued before the entire Court.

Prescott

PRESCOTT, J., delivered the opinion of the Court.

Appellant was charged in seven indictments (Nos. 1853-1859) with robbery: three of said indictments charging simple robbery and four armed robbery. In all of these cases, a codefendant, Claude Street, was also charged. Rosetta Green was also named as a codefendant with appellant and Street in No. 1854 only, and one Smith was named a codefendant with them in No. 1857 only. Street, alone, was also charged in indictments Nos. 1860 and 1861 with armed robbery and in indictment No. 1862 with larceny. Each of said indictments charged separate offenses at different times and places. All of the cases were tried at the same time in the Criminal Court of Baltimore by a judge, sitting without a jury. The State entered a stet as to indictment 1853, and the record extract does not disclose the disposition of 1855; presumably appellant was acquitted as to the charge contained therein. He was convicted under indictments 1854 and 1856 through 1859.

Before any testimony was taken, the following colloquy took place between the court and counsel:

(Mr. Cole) "I move for a severance as to Rosetta Green."

(The Court) "Overruled."

(Mr. Moylan, assistant State's Attorney) "We are going to try Indictments No. 1853 through No. 1862 with respect to all Defendants except the Defendant William Leonard Smith."

(Mr. Levin) "I don't know anything about the Smith case. I understood you were going to try all of the cases. I would like to know why we are not going to try all of them in the light of the previous ruling?"

(The Court) "I don't know. The State's Attorney is trying the case."

(Mr. Moylan) "Because the State intends to use this Defendant as a State's witness; * * *."

(Mr. Levin) "I would like to take an exception to the Court's ruling requiring all of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.