Green v. State

Oppenhbimbr, J., delivered the opinion of the Court. The appellant, Ronald Green, was tried with a companion for murder in the Criminal Court of Baltimore before Judge Harlan, sitting without a jury, was found guilty of manslaughter and sentenced to a term of five years. After his motion for a new trial was denied, he áppealed on the grounds that the court below committed prejudicial error in allowing a statement of a State’s witness previously given to the police into evidence and in refusing Green’s motion for a verdict of ac ¹⁵⁶ quittal. Green also contends that the verdict of the lower court was against the weight of the evidence.

The deceased, Eeroy Clay, had gone to a store to purchase some sodas, and in the store he became involved in an argument with several boys, among whom was Green and his co-defendant, Thomas Boyd. The boys were asked to leave the premises. When Clay left the store, an argument, which led to a physical altercation, ensued between him and Thomas Boyd. Green, according to his testimony on direct examination, became involved in the altercation and shoved the deceased, causing him to fall to the ground.

Clay subsequently died, allegedly as a result of the beating he had received. At the trial, the State produced, as one of its witnesses, Phillip Hamilton. Hamilton testified he had been in the store with Green and Boyd. He stated that Clay came out of the store and pushed Boyd, that Clay then hit Boyd with a bottle and cut him, and that at this point Green pushed Clay.

The State claimed surprise and asked the court for the right to cross-examine the witness, stating. Hamilton had given a statement to the police which was opposed to his testimony. Hamilton testified that he had not talked to the state’s attorney about the case prior to taking the stand. The court granted the State’s request.

In answer to the State’s questions, Hamilton admitted he had given a signed statement to the police. In answer to questions by the court, Hamilton claimed that he gave the statement because when he told the story to which he had testified, one of the detectives .threatened to “beat me in the head” if he did not give a better statement, and that he, Hamilton, told the police the statement he then gave them was not true. The State offered the written statement, to which Green’s counsel objected. In answer to another question of the court, the State admitted it was not prepared to offer testimony as to the voluntariness of Hamilton’s statement.

The court sustained .the objection. At the end of the State’s case, however, the judge stated he had reconsidered his ruling and, over the objection of Green’s counsel, admitted Hamilton’s entire statement into evidence. After Green had taken the stand in his own defense, the court, in finding both Green and Boyd guilty of manslaughter, referred to portions of Hamilton’s statement to the police. ¹⁵⁷ “Although the general rule is that a party may not impeach his own witness by proof of prior statements which are inconsistent with, or contradictory to, his testimony at the trial, it is well recognized in this State that where a party satisfies the court that he