DeToro v. State

PIammond, J., delivered the opinion of the Court. After his conviction of murder in the first degree by the court below (sitting without a jury), denial of a new trial by the Supreme Bench of Baltimore City, and sentence of death ⁵⁵² by administration of lethal gas, Percy DeToro appealed on the ground that the evidence was insufficient to sustain the verdict. Sometime after midnight the appellant awakened Beatrice, the woman with whom he was living in an apartment, and began “nagging and fussing” with her. He declared “he was going to hit her in the head with an axe,” although he almost immediately thereafter claimed to have used the words in jest.

She got up, saying, “[I]t is no more sleep for tonight,” and “I didn’t know you were that type of man * * * I am going to get me a job sleeping in * * * I’m going to have to * * * because I can’t go on like this anymore.” The woman went into the kitchen and began playing cards with a couple who also lived in the apartment. DeToro called to her to come in the bedroom after she had asked him to bring her a cigarette. They argued because he had no job and could not even buy cigarettes. After about five minutes, DeToro came back into the kitchen and picked up a twelve-inch knife or dagger having a rigid blade with a sharp point, and went back into the bedroom.

After a few minutes the couple in the kitchen heard the outside door of the apartment close, and a little later heard a moaning sound from the bedroom. They rushed in and found Beatrice