Grogg v. State

Per Curiam. Appellant, Lester L. Grogg, was found guilty of murder in the first degree, without capital punishment, by a jury in the Circuit Court for Baltimore County, and was sentenced to life imprisonment. He appeals from the judgment. The evidence shows that on the evening of September 3, 1961, the appellant and an accomplice, Robert Kelley, went to the home of Mrs. Katie Hoffheiser with the intent to rob her.

Appellant gained entrance on the pretense of purchasing some eggs and while he sat talking with Mrs. Hoffheiser, Kelley, who had remained outside with a loaded rifle, fired a shot through the screen door which fatally wounded the victim. Appellant then took approximately $28.00 of the deceased’s money and left the premises with Kelley. Appellant and his accomplice were indicted for first degree murder, to which appellant pleaded “not guilty” and “not guilty by reason of insanity.” Kelley was tried separately, prior to the appellant. The sole question presented on this appeal is whether the trial court erred in refusing to permit defense counsel to propound the following question to prospective jurors on voir dire examination: “Now, in the past hundred years, do you believe that we have made great progress, some progress, or little progress in the field of understanding and treating mental illness?” In sustaining the State’s objection, ⁵³² the trial judge said he thought the question too broad.

It is appellant’s contention that this question goes to possible bias on the part of veniremen toward the science of psychiatry and that should such bias exist and be revealed by the answer it would prevent the juryman from properly weighing the psychiatric evidence to be presented at the trial. We note