Davis v. State

Per Curiam. Appellants, George Davis and Ned Lee Davis, were each charged and found guilty in the Circuit Court for Prince George’s County under two separate indictments for two armed robberies. The cases after being consolidated for trial were heard by Judge Roscoe H. Parker, sitting without a jury, and each appellant was sentenced to serve twenty (20) year concurrent terms under each indictment. Appellants challenge the validity of the judgments of conviction and resulting sentences on two grounds: One, the evidence submitted was not legally sufficient to sustain a conviction of robbery with a deadly weapon; and two, the money clip and watch found in a District of Columbia police “paddywagon” were improperly admitted into evidence.

There was evidence from which Judge Parker was justified in concluding, as he did, that on February 3, 1966, three men armed with guns at about twelve noon forced their way into an apartment located at 2607 Southern Avenue, S. E., Oxon Hill, Prince George’s County, occupied by Mr. and Mrs. Frederick N. Mills. The three men took in excess of $2,000.00 belonging to Mr. and Mrs. Mills’ employer, a realty company. In addition, they took $200.00 and a money clip, plus some others items belonging personally to Mr. Mills, and $50.00 in addition to a Bulova wristwatch belonging to Mr. John L. C. Sullivan, a visitor at the Mills’ apartment. On February 6, 1966, Private Kocevar of the Metropolitan Police Department, Washington, D. C., having information that the appellants were wanted on a fugitive from justice warrant, arrested and caused their transportation under the control of another police officer, Private Lukic, to the Ninth Precinct Police Station in Washington, D. C. Private Lukic testified that upon his arrival at the precinct the appellants were taken into the station and that he then searched the wagon where he found and took possession of a money clip and a man’s wristwatch which were located in the portion of the wagon where the prisoners were transported. ⁶³² The watch taken from the wagon was at the trial identified by Mr. Sullivan as being the watch taken from him at the Mills’ apartment, but it was not