Dresbach v. State

Per Curiam. Ralph Wayne Dresbach, the appellant, was sentenced to life imprisonment in the Maryland Penitentiary upon a judgment entered after a verdict by a jury in the Circuit Court for Anne Arundel County, Maryland, for the slaying of his father. On this appeal from the judgment and sentence he presents the sole question, did the trial judge commit reversible error in his remarks during the trial when ruling upon objection made by the State’s Attorney. The claim of prejudicial error resulted from the following colloquy: “Mr. Goodman (Defense trial counsel) : O. What else did you think about?

How did your father treat your mother? A. He beat her all the time. Mr. Duvall (State’s Attorney) : I’ll object to leading. Mr. Goodman first asked him what else he thought about and then suggested an area for him to testify.

Mr. Goodman: This is a little child, 15 years of age. I want the jury to get the background of his experiences at home, I think that’s important. Mr. Duvall: I realize that, I’ve been very liberal.” It was at this point that Judge Michaelson said: “I don’t like to say this, you have a two way sword, he killed his mother he didn’t protect his mother. All the testimony about the mother and father ⁴⁵³ did I don’t think is relevant at all.

If he favored one in preference to the other it might have some bearing on it.” No exception or objection was taken at the time of the court’s remark so that the question is not properly before us for review. Rule 885, Daniels v. State, 213 Md. 90, 105 , 131 A. 2d 267 ; Bryant v. State, 207 Md. 565, 585 , 115 A. 2d 502 ; Brown v. State, 203