Price v. State

Per Curiam. On June 29, 1967 appellant was convicted of conspiracy to rob by Judge Thomas J. Kenney, sitting without a jury in the Criminal Court of Baltimore, and sentenced to a term of four years under the jurisdiction of the Department of Correction, to be served concurrently with a sentence he was already serving. 1 Appellant’s sole contention on appeal is that the evidence was insufficient to convict him. There was evidence adduced at the trial showing that Powell Stanley Thompson met with Robert Huemmer and George Huff at the Little House Bar on January 6, 1967 and “talked about making money”; that Huemmer showed him a .32 caliber revolver ; that approximately a week later Huemmer, Huff, Thompson and appellant met at the Little House Bar; that Huemmer stated that he had “a job lined up,” a fuel oil company on Pulaski Highway; and that “it was just about time to ⁷⁰³ pull this job”; that the men rode up Pulaski Highway and Huemmer pointed out the Deinlien Oil Company as the place to be held up; that the robbery was originally planned to take place on January 19, 1967, Huff and Thompson being designated to enter the premises and bind and blindfold Mr. Deinlien, with Huemmer and appellant entering later to take the money from the safe; that they proceeded to the Deinlien Oil Company on January 19 and, as Huff and Thompson started up the stairs, Huff observed the lady next door looking out her window; that Huff became apprehensive about being identified and they left the scene; that the defendants all met that evening and agreed to commit the hold up the next day; that on January 20, 1967 Huemmer stated that Huff would not be present because he was ill, and that Thompson would have to enter Deinlien’s alone; that after appellant and Huemmer reconnoitered the area, Thompson entered the premises at approximately 3:10 p.m. and told Mr. Deinlien that this was “supposed to be a hold up”; that “there are two other fellows that are coming in behind me”; and that he, Thompson, had a pistol in his left hand coat pocket. The evidence further showed that Sergeant William J. Hirsch of the Eastern District had been forewarned that a holdup might take place, and was waiting at the Deinlien Oil Company when Thompson entered.

Sergeant Hirsch placed Thompson under arrest. Approximately five minutes later Sergeant Hirsch, having been informed by Thompson that Huemmer and appellant would be along shortly, observed Huemmer drive to the front of the Deinlien Oil Company in a “1965 Olds” and then speed off. He could not identify appellant as the other occupant of the car. It was later learned that the car observed by Sergeant Hirsch was registered to Thompson’s wife.

Detective Furrie Cousins of the Baltimore City Police Department was also a party to the stake-out. After receiving a radio instruction to be on the lookout for two white males “to come in off of Bowley’s Lane” in a “1965 Olds,” he proceeded towards Deinlien’s where he observed Huemmer driving the aforementioned car, and appellant seated on the passenger side. To prevent them from leaving the scene, Detective Cousins rammed their car, but they nevertheless managed