Hamilton v. State

Horney, J., delivered the opinion of the Court. The only question presented by this appeal is whether it was reversible error for the lower court to try the defendant-appellant (Joseph Hamilton) on a charge of armed robbery, to which a plea of not guilty by reason of insanity (in addition to the usual plea of not guilty) had been entered, absent a pretrial mental examination of the defendant by the Department of Mental Hygiene (the Department). Since it is conceded that the evidence was legally sufficient to convict him of the offense charged, the facts, other than those involving the procedural aspects of the case, will be limited to the testimony produced by the defendant as to his alleged insanity. The defendant testified that he had had prior mental difficulties, that on the day of the robbery he was suffering from mental strain because his wife had disappeared, that he had considered committing suicide, that he began drinking several hours before the hold-up and that as a result of his inebriety he did not remember participating in the crime.

The fact that he was emotionally upset on the day in question was corroborated by his brother. After the defendant had rested his case, the State offered, and the trial court received into the evidence, a medical report made by Dr. Manfred S. Guttmacher, the chief medical ³⁰⁵ officer of the Supreme Bench of Baltimore City, who had examined the defendant prior to the trial. Neither the report nor a summary of the contents was included in the record extract, but we may assume that the medical officer was of the opinion that the defendant was capable of cooperating in the preparation of his defense. The defendant did not object to the admission of the medical report; nor did he ever complain, either before, during or after the trial, that he had not been examined by the Department pursuant to the pertinent provisions of the Code relating to insanity as a defense in criminal cases.

The court, sitting without a jury, after stating that there was no evidence to indicate that he was insane, declared that the defendant was sane at the time of the offense and at the time of the trial, and entered a verdict of guilty of robbery with a deadly weapon. On this appeal, though he did not raise the point or question below, the appellant asserts that when he filed a plea of not guilty by reason of insanity the trial court was required to order that he be examined by the Department before the trial was commenced. The appellee, pursuant to Maryland Rule 836 d, included a motion to dismiss the appeal in its reply brief on the merits. Relying on the provisions of Rule 885, the State argued on the motion that the appeal should be dismissed because the only question presented in this Court was neither raised nor decided in the lower court.

The motion was heard first and, a decision thereon having been reserved, oral arguments were also heard on the merits. The statutes concerning insanity as a defense in criminal cases are codified as §§ 7 through 12 of Article 59 (Lunatics and Insane) in the Code of 1957. Section 7, among other things, provides that a defendant desiring to interpose insanity as a defense shall file a plea alleging insanity, in addition to other pleas required or permitted by law, and that the issue of insanity raised by the special plea shall be tried by a jury or by the court in accordance with the procedures set forth therein. It is further provided therein that the trial ³⁰⁶ court shall have discretionary power and authority to order an examination of the mental condition of a defendant by the Department at any time before trial.

Section 9 provides in pertinent part that whenever a person charged with the commission of a criminal offense appears to be or is alleged to be or is suspected of being insane, the court may cause the Department to inquire whether such person, at the time of the inquiry, is insane or of such mental capacity as to prevent him from properly conducting, or advising as to the conduct of, his defense. It is further provided that if such person is found to be without sufficient mental capacity to participate in his defense, the court may direct that he be confined in one of the institutions for the care and treatment of the criminal insane and stay the proceedings until he shall have recovered, at which time there shall be a trial of the pending charge. Section 11 requires that whenever a person—who has been arrested and charged with a criminal offense and committed in default of bail to await further proceedings — has been brought before a court having criminal jurisdiction (including a justice of the peace) and appears to be or is alleged to be insane, the judge of the court shall commit him to jail or send him to an institution for the care of the insane and cause the Department to be notified of such commitment. It is further provided that the Department shall examine such person promptly and report its findings to the court as to his mental capacity.

And in the event he is found to be incapable of participating in his defense, there are further provisions (comparable to those in § 9) for his confinement and care and treatment pending his recovery and trial on the charge. The appellant, in claiming that § 11 was applicable to his particular situation, contended at the argument on the motion that the provisions of this section, unlike those of §§ 7 and 9, are obligatory and that the lower court lacked power or authority to try him until after he had been examined by the Department. The reason for the claim is not clear to us. Nor are we able to determine with any degree of certainty from the record before us which of the