Dotson v. State

Sybert, J., delivered the opinion of the Court. The appellant, John William Dotson, while attempting to pass several automobiles in his traffic lane, drove his sports car on the left side of the road and collided with another automobile shortly before 1:00 A.M. on September 23, 1962, on Indian Head highway, in Prince George’s County. The impact collapsed the right side of the appellant’s car and threw a young woman, who was a passenger therein, onto the road. When police officers arrived at about 1:00 A.M., the appellant was still in the driver’s seat, but the young woman had already been removed from the scene in, an ambulance.

At approximately 1:15 A.M., an ambulance arrived at Hadley Memorial Hospital in Washington, D. C., with the body of a young woman. Dr. Akbari of the hospital staff pronounced the woman dead on arrival and diagnosed the cause of death as multiple fractures, shock and hemorrhage. Dr. Akbari testified that he had been informed that the woman was the victim of an automobile accident. He stated that he was given the name of the woman by the ambulance driver, but did not seek further identification at that time since he had to treat several other persons who were involved in the same accident.

While her given names were recorded as Janice Marie, Dr. Akbari stated that there was some confusion as to her surname, so the hospital records used two names, “Wachter” and “Wells”. The body of the young woman was taken to the coroner’s office where it was subsequently identified as that of Janice Marie Wells by her mother and stepfather. The coroner’s records stated that the young woman was the victim of an automobile wreck on Indian Head highway. The appellant was charged in a state warrant with the manslaughter by automobile of Janice Marie Florence Wachter under the provisions of Code (1957), Art. 27, Sec. 388.

When the case was called for trial in the People’s Court for Prince George’s County, he prayed a jury trial, and the case was transferred to the circuit court for trial upon the state warrant. After the appellant was found guilty by a jury and sentenced to imprisonment, he noted this appeal. The appellant contends that there was no legally sufficient evidence to prove the identity of the woman named in the warrant, and that there was a complete