Hackett v. State

Henderson, J., delivered the opinion of the Court. The appellant was tried for murder, convicted by a jury of murder in the first degree without capital punishment, and ⁵⁸⁶ sentenced to life imprisonment. The sole question presented on appeal is whether the trial court erred in admitting into evidence two written statements in the nature of confessions implicating the appellant in the commission of the crime. Shortly before 7 P.M. on Saturday, February 24, 1962, a ten-year old boy, Reginald Scherer, went on an errand to a grocery store operated by Sol Cohen at 2000 North Washington Street in Baltimore City.

As he entered he saw Mr. Cohen lying on the floor in a pool of blood and a young man, later identified as Charles Hackett, scooping money out of the cash register. A few minutes later a police officer found Mr. Cohen lying on the floor, the cash register open, and change on the floor. It was shown that Mr. Cohen had been struck on the back of the head with a blunt instrument. Mr. Cohen was pronounced dead upon arrival at St. Joseph’s Hospital at 7:15 P.M. The police arrested the appellant, 21 years of age, on February 25, 1962.

He was questioned at around 1:00 P.M. but denied all knowledge of the killing. He signed an exculpatory statement on Monday afternoon, which was offered in evidence without objection. But at about 9 :00 P.M. of the same day, after being confronted by another defendant, Daugherty, who had implicated the appellant in a signed statement shown to Hackett, Hackett told the police he was ready to give a statement. Hackett ate a meal before the statement was taken.

The officers having Hackett in charge testified there were no threats or promises made, no offers or inducements, and there was no violence or coercion. Cf. Bagley v. State, 232 Md. 86 . After this second statement was made Hackett read it and signed it.

The statement was not read to him. In it Hackett admitted the robbery, and that he knocked Mr. Cohen down in getting away. He also admitted taking a wallet from under the cash register and subsequently giving it to Daugherty. He denied striking Mr. Cohen in the head.

When the police the next day