Jordan v. State

Thompson, J., delivered the opinion of the Court. Charles Stanley Jordan, appellant, and a co-defendant were convicted for conspiracy to wear, transport and carry handguns in violation of Md. Code, Art. 27, §§ 441, 36B-36F, by the Circuit Court for Carroll County, Judge Edward O. Weant, Jr. presiding with a jury. He was also convicted for: receiving a stolen .38 caliber Colt Agent revolver, property of the Mayor and City Council of Baltimore City, valued at $104.95; receiving a stolen .38 caliber Smith & Wesson revolver, the property of Gilbert Holniker, valued at $54.96; receiving a stolen Colt Pithon .357 caliber Magnum revolver, the property of Stuart Distributing Co., Inc. valued at $199.95; receiving a stolen .270 caliber Winchester rifle, ²⁶⁹ the property of Roger L. Houpt valued at $500.00; and unlawfully transporting a handgun in a vehicle traveling upon the public roads and highways of the State. The facts will be set out as required to discuss each issue raised on appeal.

I Speedy Trial Prior to trial, appellant moved that the indictments be dismissed for lack of a speedy trial. The record shows that no evidence was produced at the hearing on the motion, which was denied prior to trial. We are, therefore, limited by not having the complete facts upon which to base a decision. The record shows that on April 6, 1973, the appellant was indicted on charges for which he was eventually convicted and that on June 5, 1973, he filed a motion for a speedy trial alleging as follows: “1.

That the Defendant herein was arrested on August 27,1972. 2. That although the defendant made a Motion for Speedy Trial in the District Court for Carroll County in September the hearing in the District Court did not occur until April 4,1973. 3. That on April 4, 1973 in the said District Court, the State was still unprepared to try the case and entered a Nol Pros. 4. Thereafter the aforesaid indictments were drawn by the Grand Jury. 5.

Although 10 months have passed since the arrest no trial on the merits has been held or date of trial set. 6. This unnecessary long delay by the State to prosecute this case has permanently and irreparably prevented his adequate defense of these charges. WHEREFORE: The Defendant, Charles Stanley Jordan, by his attorney, Alan M. Wolf moves that these indictments be dismissed forthwith.” ²⁷⁰ Trial in the Circuit Court was set for September 13, 1973, but co-defendant’s counsel requested a postponement because that date was a Jewish holiday; thereafter the case was scheduled for November 16, 1973 at which time trial began. Appellant produced no evidence to show when he was arrested.

He did not produce his motion for speedy trial in the District Court or any evidence that the case was called for trial on April 4,1973 or that it was nol prossed. From the admissions of the State’s Attorney it may well be that all of the matters alleged in the motion were accurate but in spite of that, we do not know on what charges the appellant was arrested. There are in the record some of the original charges against co-defendants, but none of them show for example that there was a charging document issued for receiving the .38 caliber revolver which was the property of Gilbert Holniker. Neither does the record show whether or not the appellant was granted bail after his arrest.

Inasmuch as he promptly posted bail after the indictment and after his conviction, we assume that he was on bail but there is nothing in the record to establish that. In view of what we have said, the record was inadequate for the trial judge, or us, to find the appellant was denied a speedy trial on any of the charges. There is no serious argument that a speedy trial was denied after the indictment was filed. We decline on the state of the record to review the question in detail and we affirm the action of the trial judge.

See State v. Williams, 6 Md. App. 5 , 249 A. 2d 503 (1969). In making our decision, we are acutely aware that when the appellant’s counsel was making a statement to the court alleging prejudice to the accused, he specifically declined the court’s invitation to offer any evidence of prejudice. 1 ²⁷¹ II Sufficiency of the Evidence On August 27, 1972, Trooper Douglas Brown of the Maryland State Police investigated a complaint by a Mr. Collins that there was someone shooting on his farm. When he and Mr. Collins approached the scene of the shooting, Trooper Brown heard one shot but could not see anything at that point as a crest of a hill blocked his vision. He proceeded farther and saw four people, including the appellant whom he identified in court.

The four individuals were about five feet apart. He observed Brenda Lou Pinkett, a co-defendant, pass a rifle to Andrew Strickland, who was also charged, who proceeded to fire the rifle. He observed that the rifle was being fired at silhouette targets. The targets were approximately seventy-five yards from the four individuals.

He also observed a sawed-off shotgun and thirteen handguns about ten feet in front of appellant and his companions. Trooper Brown stated that Mr. Collins advised him that neither he nor his brother who owned the land jointly with him had given any of these individuals permission to come on their property. The trooper thereupon had the four persons place all the weapons in a cloth bag that was also found at the scene. The bag containing the weapons, together with a bag containing ammunition boxes, was carried up a hill and towards two automobiles, one of which, a white Buick Electra, was owned by the appellant.

The appellant, who had a key to the trunk of the car, opened it and placed the weapons in the trunk. Trooper Brown then proceeded to call his barracks on his car radio to ascertain whether any of the weapons were stolen. Upon receiving certain information from the barracks and being aware of a violation as to the sawed-off shotgun, he arrested the ²⁷² defendants, took them to the barracks and had them fingerprinted. The four weapons which were alleged in the indictments to have been stolen were all identified and admitted into evidence.

Trooper Brown stated that the appellant, in response to the Trooper’s inquiry, told him that he had been on Mr. Collins’ farm on previous occasions target shooting and that he belonged to the Henry James Gun Club in Baltimore; the officer testified on cross-examination that the appellant stated the guns belonged to the gun club. Herbert McAllister testified as follows: On August 27, 1972, he received a telephone call from the appellant requesting that he join him in target practice. McAllister got in his car and proceeded to follow appellant to Carroll County. On the way they were joined by Andrew Strickland, who went with them to the target practice; the appellant also met the co-defendant, Brenda Lou Pinkett, who entered the appellant’s car and proceeded with them.

When they reached the farm, the appellant opened the trunk of his car and he, Strickland and McAllister removed a case and two bags from the trunk and took them to the field. The co-defendant, Pinkett, picked up the targets and took them to the field. McAllister testified that when they opened the bags, he saw handguns in them. The contents of the bags were emptied on the ground and he, McAllister, took a weapon and started target shooting; he also saw the appellant and Strickland picking up some guns.

McAllister had never seen these guns before and he heard the appellant tell Trooper Brown that the guns belonged to a gun club. Officer David Williams, of the Baltimore City Police Department, testified as to the disappearance of a “Colt Agent” .38 caliber handgun from the police property room on November 20, 1969. The handgun was one of the handguns recovered at the scene of the appellant’s arrest. Roger Houpt testified that his house was broken into on November 15, 1971, at which time nine guns were stolen from him, including the rifle which was recovered at the scene of the appellant’s arrest. ²⁷³ Gilbert Holniker testified that between November 3, 1971 and November 5, 1971, a handgun which he owned was stolen from his place of business.

The handgun was also among the weapons recovered at the scene of the appellant’s arrest. Edward John Weihs, Jr. testified that on September 2, 1971, a handgun was stolen from Marvin’s Sport City, a sporting goods store. He was an assistant to the president of the company which owned Marvin’s Sport City. This handgun was also among the weapons recovered at the scene of the appellant’s arrest.

The appellant testified that on the morning of August