Nicholas v. State

Sybert, J., delivered the opinion of the Court. After a non-jury trial before Judge Harlan in the Criminal Court of Baltimore, the appellant, Horace Nicholas, was convicted of obtaining money by false pretenses under one indictment and of larceny under another and was sentenced to imprisonment. This appeal followed. According to the State’s evidence in the false pretense case, appellant informed one Hemsley that he had some whiskey which he wished to sell, and Hemsley took him to the home of a friend, the complaining witness, Joseph Chalmers, Jr., who agreed to buy three cases for $45.00.

Appellant told Chalmers the whiskey was located at a friend’s home on Carey Street in Baltimore. The three men drove there and appellant went to the door and. returned to the car, stating that his friend was not at home. . The three men separated, but in a short time appellant returned to Chalmers’ home and told him his friend was now at home. On the way back to Carey Street a stop was made at a bar where Nicholas picked up a key explaining “if the fellow isn’t home, I can get in.” At Carey Street, appellant entered the house and returned a few minutes later stating “come on the whiskey is ready.” At' appellant’s direction, Chalmers opened his car trunk.

As the two were entering the house appellant said “the lady wants her money” and that after payment he would bring the whiskey downstairs. Chalmers gave $45.00 to appellant, who went upstairs with it. When after five minutes appellant did not return, Chalmers went upstairs and knocked on the door but there was no answer. Forty minutes later Chalmers and Hemsley found appellant in a bar where Chalmers demanded the return of the money but Nicholas said he was sorry, and that he did not have the’ money.

Chalmers ⁵⁷¹ called the police and when he went outside to talk to them appellant fled through a rear door. The defense did not call any witnesses in the false pretense case. The State produced evidence in the larceny case to show that on the evening of the day after the liquor episode appellant approached one Tousant Boisvert (the complaining witness), whom he did not know, in a bar and offered to sell him a color television for $150.00. Boisvert borrowed the money from a friend, one Dyson, in the bar.

These three men and an unidentified girl then drove to an address in Baltimore where the TV set was said to be located. Appellant knocked on the door but there was no answer. A police officer walked by and told appellant and Boisvert that the house was empty. Appellant then asked Boisvert whether he had brought the money.

Boisvert answered “yes” and exhibited the $150.00. Then, according to Boisvert, appellant grabbed the money and fled. Boisvert chased him and they were both apprehended by a police officer. Boisvert was ultimately released and his money was returned to him.

Appellant took the stand and testified that on the night in question he was drinking with a girl friend of Boisvert in a bar when he mentioned having some whiskey to sell. The girl then brought over Boisvert who offered to buy several cases. Boisvert, according to appellant, gave $150.00 to the girl to hold. They then drove to the house where appellant asked for and received the money from the girl.

Appellant stated that as he knocked on the door a passing police officer told him the