Meade v. State

Marbury, C. J., delivered the opinion of the Court. This is an appeal from a judgment and sentence of the Criminal Court of Baltimore, where Judge Sherbow, sitting without a jury, found the appellants guilty on certain counts of an indictment charging them jointly with violating Article 27, Sec. 291, of the Code of Public General Laws, and sentenced each of them to pay a fine of $1,000.00, and to serve one year in the Maryland House of Correction. The indictment contained fifteen counts. At the conclusion of the State’s case, the appellants moved for directed verdicts and, when these motions were overruled, declined to offer testimony and rested their case.

The appeal here is based upon the allegation that there was absolutely no proof of the essential averments of the indictment, and the verdict of the trial court was therefore clearly erroneous. The sentences imposed were general, so that if the evidence is sufficient to support a verdict under any of the counts of the indictment, the judgments will have to be affirmed. ⁴⁹² The 12th eouiit of the indictment alleges that-the appellants “at the City aforesaid, unlawfully did receive and become the depository of certain money, bet,' wager, thing and considération of value to be bet, gambled and wagered * * * upon the result of a certain race, * * The 14th count alleges that the appellants “at the City aforesaid, unlawfully did forward certain money, bet, wager, thing and consideration of value to be bet, gambled and wagered * * * upon the result of a certain race, * * The appellants earnestly contend that there is no evidence to show that they violated either of these counts in the City of Baltimore, and therefore they could not be found guilty in the Criminal Court. The evidence shows that appellants had been under observation by the police since sometime in August, 1950. On two separate days in February, 1951, they were observed in Bead's drug store, located in the 8500 block of South Hanover Street, which is quite close to the Anne Arundel County line.

After leaving the store, they drove down Hanover Street in Meade’s automobile to 167 Meadow Boad, which is in Anne Arundel County. This was before 12 o’clock noon, and they remained in that house until shortly before 6 o’clock in the evening, when they came out, got into Meade’s car and drove back into the city. They had rented a room at 167 Meadow Boad for $25.00 a week, and, with the permission of the landlord, they had a telephone installed in that room, although the landlord already had a telephone there, so that there were two ‘phones. The landlord testified that they came in anywhere around 11 or 12 o’clock each day and they left between 5 and 6 o’clock.

Both of the appellants rented the room, and the appellant Meade paid the rent. The police secured a search warrant on March 2, 1952, from Chief Judge Smith of the Supreme Bench of Baltimore City, authorizing the search of Meade’s automobile, and to seize any evidence of bookmaking operations found as a result of such. search. The warrant was served about 6:15 P. M. on that day in the vicinity of the unit block of South Hilton Street. ⁴⁹³ Meade was driving the car, and Riley was sitting in the front seat. Riley was searched and nothing was found on him.

The sergeant of police started to search Meade, who reached in his side pocket and gave him certain scratch sheets and betting slips. The slips contained the names of race horses which were entered and ran on that day. There were 89 slips, 43 in one handwritting, and 46 in another. They covered 1,022 bets and a total play of $4,257.00.

The automobile had