Hyson v. State

Per Curiam. The appellant was convicted of conspiracy by a judge of the Circuit Court for Baltimore County, sitting without a jury. He raises a single question, only, on this appeal, claiming the trial court committed reversible error in admitting a part of a written statement made by a witness, one Albert R. Moyer, who was one of the alleged co-conspirators and had been called by the State. The appellant was indicted for having conspired with Alton R. Moyer and Albert R. Moyer (the two Moyers being twin brothers) to burglarize a certain pharmacy.

Prior to Hyson’s trial, both Moyers had pleaded guilty to the burglary of the pharmacy. Hyson denied the conspiracy accusation and pleaded not guilty. Albert R. Moyer had given a signed statement to the police, in which he admitted his guilt and directly implicated Hyson. At Hyson’s trial, Alton R. Moyer was called by the State.

He confessed his guilt and gave testimony, which, if true, also established the guilt of Hyson as well as the other Moyer. Then Albert R. Moyer was called by the State and he repudiated much of his former written statement, testifying that neither he nor Hyson was guilty. The State claimed surprise. The defense denied the surprise, claiming that the witness had notified both the police and the Assistant State’s Attorney of such repudiation before he had been called as a witness.

The court believed the State had been surprised and admitted, “such parts of the