Gray v. State

Prescott, J., delivered the opinion of the Court. The appellant was tried and convicted, in the Criminal Court of Baltimore, of a violation of the lottery laws. He lives with his wife and children in Baltimore. On February 16, 1960, a policewoman rang the bell at appellant’s residence, and, after being admitted by his wife, gave the wife a pre-prepared lottery slip and marked money, which she accepted and handed to a child.

The appellant was not present at this transaction. The policewoman left the house and signaled other policemen, who were waiting nearby; whereupon four police officers entered upon the premises, recovered the slip and money from the wife on the first floor, and, without making an arrest, went to the second floor of the premises to search for more lottery paraphernalia. On the second floor, the police officers recovered one non-conventional lottery slip. The appellant, having been asleep on the second floor, was confronted for the first time by the police officers and shown the fruits of their search.

In the course of the conversation with the police officers, the appellant said, “it is my operation,”; that he had been writing numbers for about two or three weeks; that he wrote “about $15.00 per day”; and that he would receive a phone call at about 11:00 A.M. from a person phoning in various lottery numbers. This call was received by appellant, and, while talking on the telephone, he wrote down numbers, which he stated were being phoned in to him. He was arrested and indicted. At the trial on April 7, 1960, the State produced the policewoman who testified to giving the pre-prepared numbers slip and marked money to appellant’s wife.

The numbers slip and money were introduced into evidence for purposes of identification, and were subsequently ruled out by the court. One of the officers, Sergeant Judd, was allowed to testify, subject to exception, concerning the numbers slip found on the second floor. He also testified, with ⁷⁸ out objection, to the