Fisher v. State

Prescott, J., delivered the opinion of the Court. This is a delayed appeal granted by Judge Cullen to the appellant, who was convicted of armed robbery in the Criminal Court of Baltimore by a judge, sitting without a jury. Appellant challenges: (1) the action of the trial court in admitting into evidence a written statement signed by him; and (2) the sufficiency of the evidence to sustain his conviction. Cleveland Chandler testified that on August 11, 1961, at about 12:30 a.m., he was sitting outside a gasoline station at which he was employed, the station being open for business and ⁵⁰ illuminated by'flood lights.

He saw two men enter the lot from different directions, appellant approaching Chandler from his left, the other, one Brown, approaching from his front. Brown asked Chandler to change a five-dollar bill. Chandler took his money out of his pocket, and, when he looked up, Brown had á gun pointed at him. Brown ordered Chandler to drop the money and back up, which he did.

He, Brown, then told appellant to pick the money up, and, after his compliance, the men backed away together. Officer Robinson of the Narcotics Squad stated that he and several other officers happened to be in the vicinity of the gasoline station at about 1:00 a.m., on the date of the robbery, and he observed the appellant, about fifty yards from the station, running across the street into an alley. He ran in a zigzag course (up one alley and down the next street, etc.) until he was overtaken by the police, who placed him under arrest. Brown, who had been running a few feet ahead of Fisher, was also apprehended, and a search of his person produced $13.00.

Fisher told the police that the money taken from Brown came from a robbery of the Major Oil Company (Chandler’s place of employment). The money and this statement of Fisher were admitted at the trial without objection. . “A couple of minutes later” while still talking to the man, the police were alerted, by the police radio, to the robbery, and given a description of the holdup suspects. Appellant and Brown were taken to the police station where they gave separate written statements. At his trial, Fisher denied making any statement and insisted the written statement attributed to him was not his statement; he stated that he had not been subjected to any force or duress, but maintained the statement was a police fiction.

This statement was not a confession. On the contrary, it was exculpatory. When it was proffered by the State, Fisher’s coun-' sel objected to its admissibility on the ground that it was not his statement. The statement related that the appellant, standing across the street from the Major Oil Company with one Yates and Brown, heard them plotting the robbery and saw Yates give Brown a pistol.

The appellant said that he then entered the station to purchase a couple of candy bars from the ⁵¹ vending machine, and also to warn the attendant of an impending holdup. From his position at the vending machine, he saw Brown ask for change for a five-dollar bill and then rob the attendant at gun point. He said that he remonstrated with Brown ; told him to return the money. Brown refused and exited running.

The appellant followed him through the alley because he was scared and wanted to get “the man’s money back for him.” He