Cromwell v. State

Anderson, J., delivered the opinion of the Court. On October 31, 1967, the appellant, Dwight Cromwell, was tried in the Circuit Court for Dorchester County by a jury, Judge C. Burnham Mace presiding, and found guilty of turning in a false fire alarm in violation of Cambridge City Ordinance No. 268, § 13.13, at 2:26 a.m. on the 29th of June, 1967. Appellant was sentenced to one year imprisonment and fined $250.00 and costs. Appellant raises two contentions on appeal: 1.

That the trial judge erred in refusing defendant’s Motion for Judgment of Acquittal at the close of all the evidence. 2. That the trial court erred in instructing the jury “(T)hat the issue is, did Defendant Dwight Cromwell, give a false alarm of fire on the 29th of June, 1967 ?” From the evidence adduced below, it could be found that on June 29, 1967, three fire reports were made at 2:00 a.m., 2:10 a.m. and 2:25 a.m., respectively. At 2:00 a.m., the dispatcher for the Dorchester County Volunteer Fire Department, Mr. Vivian S. Ewell, received a call reporting a fire at Schroeder’s Market on High Street. Mr. Ewell immediately sounded the fire siren.

Moments before hearing the siren, Assistant Chief of Police, James C. Leonard, and Stanley Connor, a fire investigator from the State Fire Marshal’s office, observed the appellant inside the telephone booth at the intersection of High and Muir Streets, Cambridge. A check of Schroeder’s Market revealed no fire. Another call was received at 2:10 a.m., which was traced to a telephone booth in front of Ed’s Cash Market on High Street. Officers Cornish and Wilkins, upon approaching the booth, observed the appellant run from the booth.

Then, at 2 :25 a.m., the third and final call was received. This call originated from the same station as the previous call. Lieutenant ⁵⁴² Dayton and Corporal Bramble of the Cambridge City Police, due to the prior calls, had the booth under observation and observed the appellant enter and make a call. The officers, placed the appellant under arrest, after a short scuffle.

Mr. Ewell identified the appellant’s voice as belonging to the caller. Appellant testified and denied that he had committed the crime. The specific crime charged is set out in Cambridge, Maryland Ordinance 268, § 13.13, which reads: “Any person who gives false alarm of fire or by any means leads