Randolph v. State

Per Curiam. The appellant, William Earl Randolph, was convicted on March 4, 1966, by Judge Meyer M. Cardin, sitting in the Criminal Court of Baltimore, of common-law burglary and was sentenced to serve five years in the Maryland Penitentiary. He now appeals from his conviction. On January 1, 1966, at approximately 10:40 p.m., Officer Caprinolia of the Northern District of the Baltimore City Police Department encountered three males walking in the 2500 block of Barclay Street.

Two of these males, the appellant and his brother, were carrying shopping bags and other household articles and the third was wheeling two bicycles. The officer approached the three and questioned the Randolph boys as to whose possessions they were carrying. The appellant then told the officer that the goods belonged to his aunt who lived on Lorraine Avenue and that she had given them the various articles to take to their mother’s home at 415 East 23rd Street. The officer questioned them as to the contents of the shopping bags and a tool box which he was carrying.

Not being satisfied with their response, he opened the tool box where he found several items including an electric drill. The officer testified that the boys’ vagueness as to what they were carrying at the time of the encounter made him suspicious that the items had been stolen so he placed them under arrest. He then searched the appellant and found a “steel-setter’s wrench and two screwdrivers in his waistband.” During this series of events the officer apparently was satisfied with the explanation given by the third individual and he was permitted to leave. The appellant was then taken to the Northern District Stationhouse where it was thereupon determined that earlier that ⁴⁴³ evening the home of Mrs. Bessie Goings, 401 East Lorraine Avenue, had been broken into and certain items stolen therefrom.

Mrs. Goings testified that the entry was made through the back door and that two bicycles, some clothing, a clock radio, an electric heater, an electric drill and a blanket were missing. At the trial, a photograph of these items taken at the stationhouse was offered, over the defense’s objection, “for identification only” but was never actually admitted into evidence. The items themselves were admitted, again over objection, as State’s Exhibit #1 and the wrench and screwdrivers found on the appellant’s person were admitted, also over objection, as State’s Exhibit $2. While at the stationhouse and after the determination that Mrs. Goings’ home had been broken into, the appellant was interrogated at approximately 2:00 a.m. and a statement was taken from him which, at the trial, was admitted over objection as State’s Exhibit #3.

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