Alexander v. State

Henderson, J., delivered the opinion of the Court. The appellant, tried by the court without a jury, was convicted in the Criminal Court of Baltimore of bookmaking, keeping a place for betting or bookmaking, and lottery and keeping or permitting the use of a place for selling lottery tickets. He was sentenced to fine and imprisonment. The sole question raised is as to the sufficiency of the evidence, or, more precisely, whether the verdicts of the trial judge were clearly erroneous.

On January 27, 1951 at about 1:15 P.M., Captain Emerson and his officers, armed with a search warrant, entered the second floor of 1704 Eastern Avenue, the telephone of which was in the name of an alleged political club. As he approached the building he saw a man in the street making signals to someone in an open window of the second floor. To gain admittance he had to pass three doors, one of which could not be opened from the outside. He found ten men in the premises, around a desk on top of which was a blue notebook, pencils and scratch sheets.

There were charred and burning papers in the coal stove. Alexander acted as spokesman for the group. Captain Emerson testified that on previous occasions Alexander “acted as the boss always”. On Alexander’s person there was found $3,524.06 in cash, a scratch sheet, a red book with telephone numbers, and a paper containing betting notations.

In the desk there was found a receipted bill in the appellant’s name for automobile repairs, with a notation in pencil of the telephone number of the premises. Alexander accepted from Captain Emerson and placed in his pocket certain coins ³⁹⁷ taken from the desk. A key found in the desk opened a cupboard in the wall. The telephone rang repeatedly and Captain Emerson answered it, taking bets front unknown persons on both numbers and horses, including