Brown v. State

PER Curiam. Ralph P. Brown, the appellant, and LeRoy A. Barnes, were tried together on March 27, 1962, by the Criminal Court of Baltimore without a jury on three indictments charging robbery with a deadly weapon—No. 489 charging Barnes alone with robbing Frederick L. Harris; No. 490 naming Brown alone as the traverser and Edgar Otto as the victim; and No. 491 charging both Brown and Barnes with robbing Merrill Wood. A finding of guilt was made in each case. From his conviction in No. 490, Brown appeals, alleging as errors the ⁴⁶⁹ failure of the trial court to sever the cases, the failure of the State to give him a lie detector test after he had consented to take it, the admission into evidence of a pre-trial identification of him by the robbery victim, and the failure of his trial counsel (who is not his counsel on appeal) to fully develop his case.

Not one of the grounds relied on was raised below, and none is available to the appellant here. Maryland Rule 885 provides: “This Court will not ordinarily decide any point or question which does not plainly appear by the record to have been tried and decided by the lower court.” There is no indication in the record of a motion by the appellant’s trial counsel to sever the cases, nor is there anything to suggest that the trial court should have severed the cases on its own volition pursuant to Rule 735. The point, therefore, is not reviewable. Kares v. State, 215 Md. 396; Davis v. State, 189 Md. 269 .

Cf. Mylander v. Page, 162 Md. 255, 261 . Likewise, appellant’s