O'CONNOR v. State

PER Curiam. John Joseph O’Connor was tried on April 19, 1966 by a jury in the Circuit Court for Prince George’s County, Judge William B. Bowie presiding, under an indictment charging him with housebreaking, grand larceny and receiving stolen goods. The jury returned a verdict of guilty on the second count and the appellant was sentenced to serve ten years in the Maryland House of Correction. The appellant now appeals from his conviction and presents three contentions for our consideration, namely: (1) Was the State witness, Paulette Ann Kurtz, an accomplice in the commission of the crime charged?

(2) Was there sufficient evidence corroborating Paulette Ann Kurtz’s testimony which would enable a finding of guilty? (3) Were the judge’s instructions to the jury erroneous and too confusing to permit a proper finding by the jury? On December 19, 1964 the home of Harry Magafan located in West Hyattsville, Maryland was broken into and, among other things, a Polaroid camera, a number of coins from his son’s coin collection and several tubes within which the coins were contained were stolen. At the trial, Harry Magafan identified the coin tubes and souvenir coin which were found in appellant’s apartment as having been stolen from his home and stated, ⁶²⁹ in particular, that the souvenir coin was one he had personally brought his son, Angelo, from Greece.

Angelo’s testimony agreed in substance and he stated the coin collection was worth approximately $325.00. Paulette Kurtz testified that she had participated in a number of housebreakings with the appellant and her boyfriend, George Tullis, and that after her arrest she pointed out these homes to the police while riding in the cruiser. Their method of operation, she continued, was that the three of them would ride around in the appellant’s new blue convertible to determine what houses they desired to break into and that, after locating several likely houses, they would telephone the residence and, if no one answered, they would go back and break in. She stated that this procedure was followed when they broke into the Magafan residence with a crowbar and she identified the coin tubes as having come from one of the houses they had broken into but she was unable to remember which one.

George Tullis could not testify as he committed suicide when the police attempted his arrest. The appellant took the witness stand in his own behalf and denied participation in the offense. He stated he was