Dixon v. State

Orth, J., delivered the opinion of the Court. Willie Lee Dixon killed Curtis McCullum by stabbing him in the head with a screwdriver. 1 Dixon told the police what happened. “I was driving a 59 Chevy, Blue & White, west on Ashland Ave. The car knock off on me at Ashland Ave. and Broadway. I got out of the car and pushed it around the corner.

While pushing the car I struck another car in the rear, I believe it was a 1968 yellow Buick or Pontiac. After doing this I got out of the car, the owner of the car got out, and we Disscuss it. I told him that I didn’t see Any damage done to the car but If there was any I would fix it, Becaused I work at John McCullough’s Auto Repair. And that I would take him to see My boss and verify if any damage had been done, and I would fix it.

After me and him settled this some fellow came out of a house where a woman was standing wearing a white dress. He asked me for my identification. I told Him buddy me and this man got it straightened out. He said Nigger what do you mean you’ve got this straightened out this is my car.

Then he said I’m Going to bet your ass. He then struck Me in the face with his fist. I saw something in his hand, but I don’t know what it was. When he swing at me I pulled a Screwdriver from my pocket and stabbed him but I don’t know Where.

And I then watch him till he fell. I then got Lucille out of the car [a girl in the car being pushed by Dixon] and walked down Broadway to Eager and went home.” 2 ²⁷³ Dixon urges that his conviction of manslaughter by a jury in the Criminal Court of Baltimore should be reversed. He claims he is not culpable because the circumstances of the homicide make “a classic case of excusable self-defense,” advancing this argument under the sole question presented — was the evidence sufficient to sustain the conviction. Our function is to determine whether the lower court erred in denying Dixon’s motion for judgment of acquittal by applying the test set out in Williams v. State, 5 Md. App. 450 .

Accepting that Dixon became engaged in a sudden affray or combat,