Baker v. State

Henderson, J., delivered the opinion of the Court. The six appellants, ranging in age from fourteen to sixteen years, were brought before the Magistrate for Juvenile Causes for Prince George’s County on January 19, 1954, charged, upon petitions of the Superintendent of Boys’ Village of Maryland, as juvenile delinquents by reason of their escape from Boys’ Village, to which they had each been committed as a juvenile delinquent by the Judge of the Circuit Court of Baltimore City, Division of Juvenile Causes. Jurisdiction was waived by the Magistrate, acting under Section 927 of Everstine’s Code of Public Local Laws of Prince George’s County (1953). This section was enacted by Chapter 913 of the Acts of 1947 which established a Juvenile Court for Prince George’s County and defined its jurisdiction.

The appellants waived indictment and informations were returned charging each with the crime of escape under Code (1951), Art. 27, Sec. 164. Each appellant, through counsel, filed a motion to dismiss on the ground that the information did not state an offense against the laws of Maryland. These motions were denied and the cases consolidated for trial. Each appellant pleaded not guilty and elected to be tried before the court without a jury.

They were found guilty and each was sentenced to serve not more than three years in the Maryland State Reformatory for Males. From these judgments and sentences the appeals come here. The appellants were represented by the same counsel who tried the case below. The only question presented is whether persons committed to Boys’ Village as juvenile delinquents, and leaving without authority, could be charged with the crime of escape under Code (1951), Art. 27, Sec. 164.

This section provides: “If any offender or person legally detained and confined in the Penitentiary, or Jail, or ⁴⁵ House of Correction, or Reformatory, or Station House, or any other place of confinement, in this State, shall escape, he shall, on conviction thereof by the Criminal Court of Baltimore City or by the Circuit Court of the County in which the escape takes place, be sentenced to confinement in the Penitentiary, Jail or House of Correction for such additional period, not exceeding ten years, as the Court may adjudge. * * *” Another clause fixed a similar penalty for aiding or assisting in an escape. The appellants contend that the word “escape” must be construed in the light of its common law definition “where one under lawful arrest or imprisonment for criminal matter regains his liberty without being delivered by due course of law * * *”. Hochheimer, Criminal Law (2d Ed). Sec. 418.

Since their commitments were not predicated on any adjudication of criminal liability, they contend the statute is inapplicable. This argument would seem to be completely answered by our recent decision in Glickfield v. State, 203 Md. 400, 404-405 , where it was contended that the word “bribe” in the statute there considered must be limited to public officials according to its technical common law meaning. We held that there was a clear legislative intent shown “to create a new crime analogous to an old one.” So here, the statute clearly includes not only unlawful escape by “an offender” but by any “person legally detained and confined” in the places enumerated, regardless of the cause of the detention. Code (1951), Art. 27, Sec. 743 declares Boys’ Village of Maryland to be “a public agency of said State for the care and reformation of colored male minors committed or transferred to its care under the laws of this State.” This language was repeated in the amendment made by Chapter 519, Acts of 1953.

The appellants were legally detained by valid commitments at the time of their escape, even though they were not criminal offenders. The appellants further contend that Boys’ Village is not a “Reformatory * * * or other place of confine ⁴⁶ ment”, within the meaning of Section 164. This argument overlooks the fact that the statute creating Boys’ Village states that