Jefferson v. State

Henderson, J., delivered the opinion of the Court. The appellant was convicted of murder in the first degree-in a trial before the court without a jury and sentenced to-life imprisonment. He challenges the sufficiency of the evidence to convict, and also contends that the court erred in admitting into evidence a statement made to the police by the-appellant, and in permitting an officer to testify from his notes-of a conversation between the appellant and another prisoner,, which he overheard. On May 18, 1961, at about 9 P. M. a lone bandit, armed! with a revolver, entered the store of Earl Lee Baker and shotMr.

Baker, who died as a result thereof. John Garbutt was-identified as the slayer by an eye-witness. Garbutt was seem running towards a car parked outside and was heard to say to a person in the car: “[Ljet’s get out of here.” The car was-also identified. Some time later, Garbutt turned himself in and. confessed to the slaying.

He was convicted of first degree murder and sentenced to life imprisonment. He testified in the-trial of Jefferson as a witness for the State. The question as-to sufficiency resolves itself into a question as to the sufficiency of the corroboration of his testimony as an accomplice-It is well settled in this State that the testimony of an accom ³³³ plice must be corroborated, but not much in the way of corroboration is required. Wright v. State, 219 Md. 643, 650 .

See also Forrester v. State, 224 Md. 337 , and DeHart v. State, 227 Md. 239. Garbutt testified that he left the Derwood Nike Base with the appellant, another soldier, in Garbutt’s car. Garbutt had been drinking, and he planned to hold up the Baker store. He discussed the matter with Jefferson, who had a revolver.

The plan was that Garbutt would look the place over and Jefferson would do the actual robbery. However, Garbutt parked the car and entered the store alone, carrying Jefferson’s pistol. The shooting was an accident. He “went to cock” the revolver, and it went off.

Mr. Baker handed over about $150.00, and Garbutt ran out. He told Jefferson he had shot Mr. Baker and said: “[E]et’s get out of here.” They divided the money. He gave the pistol back to Jefferson. They returned to the base about 10 P. M. On information received from Garbutt, the police visited the residence of the appellant’s family and recovered the murder weapon from his sister-in-law.

There was testimony that Garbutt and Jefferson left the base together about 8 P. M. and returned