McFadden v. State

Thompson, J., delivered the opinion of the Court. Augustus Willie McFadden, the appellant, was convicted in the Criminal Court of Baltimore, Judge Albert L. Sklar presid ⁷²⁶ ing without a jury, of assault with intent to murder Sandy Faulk. He was originally indicted for murder, arson, and several other allied counts to all of which he entered pleas of not guilty and not guilty by reason of insanity. The plea of not guilty by reason of insanity was withdrawn prior to the trial.

McFadden was sentenced to a term of four (4) years and on the recommendation of the psychiatrist who had examined him prior to trial McFadden was ordered to Patuxent Institution for determination of his status as a defective delinquent. I Facts At 10 A.M. on July 16, 1966, a fire occurred in the home of McFadden, 16 years of age, located at 538 Robert Street in the City of Baltimore. After the other occupants were shepherded to safety by his mother, McFadden refused to leave the house despite her entreaties. Sandy Faulk, a neighbor, observed the fire, entered the McFadden’s home, and found McFadden sitting on a sofa in the living room.

He informed McFadden that his house was on fire; who replied, “So what”; to which the witness replied, “If that is the way you feel about it, forget it”. As Mr. Faulk turned to leave, he was stabbed in the back of the left shoulder by McFadden. Subsequently, Mr. Faulk was taken to Provident Hospital where three stitches were required to close his wound. Lieutenant Roland M. Barthelmes of the Baltimore City Fire Department testified that upon responding to the alarm and entering the house, he was met by McFadden with two knives —one a butcher knife and the other a shorter knife.

At first, McFadden refused to allow the firemen to go up the stairs to extinguish the fire because he wanted “to watch the fire burn.” However, the lieutenant persuaded McFadden to allow the firemen to fight the fire. Thereafter, Officer John Carter of the Baltimore City Police Department arrived and found McFadden seated on the sofa in the living room. After being informed that the house was on fire, McFadden replied, “So what?” and then became belligerent. After he was subdued and removed from the premises by six police officers, Officer Carter recovered two knives, one from the sofa and the other from the mantle.

Captain Charles S. Cornell of the Arson Division of the ⁷²⁷ Fire Department testified that his investigation revealed that there were three separate and distinct fires in the building and that the fires had been set. McFadden did not offer any evidence in his own behalf. The only issue presented for our determination is whether or not there was sufficient evidence to support the conviction, particularly sufficient proof of an intention to murder. McFadden contends the slight wound on the shoulder was not sufficient of itself