Brown v. State

Per Curiam. On June 2, 1967, the Circuit Court for Baltimore County JRaine, J.) denied appellants’ motions to dismiss indictments ¹⁴³ filed against them on April 18, 1966, on the ground that they had been denied their constitutional right to a speedy trial. From the denials of their motions, these appeals have been taken. The pertinent facts are these: Appellants were arrested in Anne Arundel County on May 17, 1965 on criminal charges originating in that jurisdiction, and were confined in the Anne Arundel County jail.

Appellant Montgomery was subsequently convicted of attempted escape from the Anne Arundel County jail and sent to the Maryland House of Correction. In June of 1966, both appellants were tried and convicted for the Anne Arundel County offenses for which they were arrested on May 17, 1965 and each was sentenced to seven years imprisonment in the Maryland Penitentiary, appellant Brown being sent to that institution on July 22, 1966 and appellant Montgomery being sent there on November 17, 1966. Appellants were also charged on June 1, 1965 under warrants issued out of Baltimore County for murder, assault and robbery allegedly committed on May 4 and 9, 1965. They were indicted for these offenses in Baltimore County on April 18, 1966.

These additional facts are pertinent to an understanding of appellants’ contentions that they were denied a speedy trial. As to appellant Brown: 1. That in June of 1965 he learned informally that possible charges existed against him in Baltimore County, but did not know the details thereof. 2. That on October 9, 1965 he wrote the State’s Attorney for Baltimore County requesting trial on these charges.

The State’s Attorney had no record of receiving this letter. 3. That on April 18, 1966 a copy of the indictment and bench warrants were sent to the Anne Arundel County jail. There was no evidence that Brown received these documents. 4. That on March 10, 1967 Brown was arraigned on the Baltimore County charges and counsel was appointed.

He received his first formal notice of the charges against him at that time. 5. Brown filed a motion to dismiss for denial of a speedy trial on March 20. ¹⁴⁴ 6. Brown wrote the State’s Attorney on April 17, 1967 requesting immediate trial. 7. On May 26, 1967 Brown filed another motion to dismiss the indictments on the basis that he was denied a speedy trial. 8.

Brown’s motion to dismiss was denied by the court on June 2, 1967. As to appellant Montgomery: 1. In May of 1966 he was advised at a parole hearing (relating to still another offense) that he would not be paroled because a Baltimore County detainer, the nature of which was not disclosed, had been filed against him. 2. Montgomery wrote the State’s Attorney of Baltimore County on September 4, 1966 requesting a speedy trial.

The State’s Attorney had no record of that letter. 3. Montgomery notified of the Baltimore County charges by his classification officer at the Penitentiary on November 17, 1966. 4. On March 10, 1967 Montgomery was arraigned and counsel was appointed