Brown v. State

Per Curiam. Clarence Brown, Jr. and Clarence Brown, Sr., the appellants, complain of convictions for obtaining money by false pretenses in a trial before the court in the Criminal Court of Baltimore, Judges Charles D. Harris and Thomas J. Kenney presiding. They allege error in that there was an insufficiency of evidence to support the convictions and error in the failure of the trial court to sustain an objection to certain evidence. The evidence shows that the Browns were partners in a professional bail bond business operating in the City of Baltimore, and that during the course of their business they filed five separate petitions for reductions in the amount of the forfeitures on certain bail bonds on which they were sureties.

One petition was signed by Brown, Sr. and the other four by Brown, Jr. The evidence for the State’s case in chief was, by agreement, received on a statement of the State’s Attorney. As to Indictment No. 3980, the statement was as follows: “On March 23, 1966, Clarence Brown, Jr., agent for United Bonding Insurance Company, 1506 Penn ³⁰⁹ sylvania Avenue, did appear before Judge James A. Perrott of Criminal Court, Part 5, with a petition in a bail forfeiture hearing in Indictment Number 989 of 1958, State versus Roger Bryant. Incorporated in the petition was a false expense account in amount of $300.00 of the Monumental Detective Agency, showing work which was done by James Green and Lawrence Wheeler as agents of Monumental Detective Company who worked on the investigation. “The investigation showed, however, that the Monumental Detective Insurance Company was not in business since April 30, 1965. At that time, at that date, on April 30, 1965, that particular Monumental Detective Insurance Company went out of business and was non-existent after that date.

During the year 1965 it never at all operated the detective agency. James Green and Lawrence Wheeler, who were named in the petition, never were agents, nor did they work at any time for that particular detective agency.” The petition referred to was offered into evidence showing that bond in the amount of $500.00 had been previously forfeited ; that the petitioners had gone to considerable expense in trying to locate the defendant, Roger Bryant, and offered in settlement the sum of $175.00, and that the petitioners agreed also to pay any expenses incurred if Roger Bryant should thereafter be apprehended. Attached to the petition was an expense account claiming expenses of $325.00, $300.00 of which was alleged to have been paid to the Monumental Detective Agents, James Green and Lawrence Wheeler and $25.00 of which was for miscellaneous expenses. Also attached to the petition was an order signed by a judge of the Supreme Bench of Baltimore directing the Sheriff of Baltimore City to accept the sum of $175.00 in full settlement of the forfeiture and releasing the bondsmen.

On Indictment No. 3981 the statement of facts was similar except (1) as to the name of the defendant (Dudley) and (2) the amount offered and accepted by the judge in settlement of a $500.00 bond was $250.00, based on alleged expenditures of $325.00', $300.00 of which was allegedly paid to James Green ³¹⁰ and Lawrence Wheeler, agents for Monumental Detective Agency and $25.00 of which was for miscellaneous expenses. On Indictment No. 3982 the statement of facts was similar except as to (1) the name of the defendant, (Robinson) and (2) the amount claimed as expenses was $300.00, $250.00 of which was allegedly paid to James Green and Lawrence Wheeler, agents of Monumental Detective Agency, and $50.00 was claimed for miscellaneous expenses. Two hundred dollars was offered and accepted by the judge in settlement of a $500.00 bond. This was the only petition signed by Brown, Sr. On Indictment No. 3983 the statement of facts was similar except (1) as to the name of the defendant, (Palmer) and (2) the amount claimed as expenses was $307.00, $210.00 of which was allegedly paid to James Johnson, Wilbert Hassell and Norman Carroll as agents of Monumental Detective Agency, $10.00 of which was for telephone calls, $52.00 of which was for a trip to Bethlehem, Pennsylvania, and $35.00 of which was for miscellaneous expenses.

Two hundred dollars was offered and accepted in settlement of a $500.00 bond. On Indictment No. 3984 the statement of facts was similar except as to (1) the name of the defendant, (Dorsey); and (2) the