Patterson v. State

SyberT, J., delivered the opinion of the Court. The appellant, Elbert H. Patterson, and a co-defendant, Sherman Tillery, were arrested after police, who. had stopped ¹⁹⁶ their car for another reason, found a pistol under the front seat. A police sergeant testified that he questioned them separately and that both told similar stories about procuring the pistol and car as part of a plan to hold up a liquor store in Washington, D. C. Both were charged under a three count indictment with (i) carrying a deadly weapon concealed on or about their persons, (ii) carrying openly a deadly weapon with intent to injure, and (iii) carrying a deadly weapon (pistol) in an automobile, not their place of abode or fixed place of business. The first two counts charged violation of Art. 27, § 36, Code (1957), and the third, violation of Art. 24, § 48, Baltimore City Code (1950).

At arraignment Tillery pleaded guilty but appellant pleaded not guilty and elected a court trial. The judge advised appellant of his right to obtain counsel but refused to appoint one for him. Eight days later he was tried without counsel. The trial court returned a general verdict of guilty and sentenced him to two years’ imprisonment.

On this appeal the appellant complains: (1) that the failure to appoint counsel violated his constitutional rights under Art. 21, Maryland Declaration of Rights, and also failed to constitute due process of law under the 14th Amendment to the federal Constitution; (2) that there was error in finding a general verdict of guilty on the indictment in that the counts were inconsistent and the evidence was insufficient to support the verdict. (1) The trial judge based refusal to appoint counsel on the ground that the charges involved were not serious, within the meaning of Maryland Rule 723 b, which provides that unless a defendant elects to proceed without counsel the court shall assign counsel in all capital or other serious cases. As was pointed out in Edwardsen v. State, 220 Md. 82, 90 (1959), “We have not yet determined, categorically, what is meant by a ‘serious’ case. * * * But we have indicated that the nature of the offense, the extent of the potential penalty, and the complexity of the case, are factors to be considered.” In the case at hand, the nature of the offense was not complex, the maximum potential penalty under any count was two ¹⁹⁷ years’ imprisonment, and the case was simple and easily understood. The record discloses that appellant is 32 years of age, of at least average intelligence, and no stranger to criminal