Robinson v. State

Carter, J., delivered the opinion of the Court. The co-defendants below, Ronald Jackson and James Robinson were jointly charged in two indictments with armed robbery of Lewis Barber and Harry Conyers on March 21, 1970. Both appellants were tried together before a jury in the Criminal Court of Baltimore, convicted and sentenced to 10 and 12 years respectively. Each ap ²⁸ pealed from these judgments, alleging that reversible error was committed by the trial court in allowing evidence to be admitted of an unrebutted accusation made by the victim, in their presence, and while they were in police custody to the effect that they had robbed him and had a gun.

The record shows that on the day of the crime, appellants Robinson and Jackson were together in a car when they noticed that a cab had failed to pick up Barber and Conyers; the appellants invited the two men into their car, telling them they would take them to their desired destination. Shortly after they entered the car, appellant Robinson pulled a gun on Barber and Conyers and told them to hand over their valuables. Thereafter, the victims gave the appellants their money, wrist watches, and other articles of value on their persons. During the course of the robbery, a police patrol car came upon the scene and appellants drove away with their lights off.

After a pursuit of five or six blocks, the police car pulled alongside the appellants’ vehicle and both cars stopped. Just prior to stopping, the police saw an object, later discovered to be a pistol, being thrown from appellants’ car. After both cars stopped, the officers jumped out of their patrol vehicle with guns drawn, and ordered everybody out of the appellants’ car. One of the officers testified that as the occupants emerged from the vehicle, Barber said to him, in the presence of appellants Robinson and Jackson: “They just robbed me * * * watch it, they have a gun.” Shortly thereafter, Barber stated that the appellants had thrown a gun out of the window of their car.

Objection was made by Jackson to that part of the officer’s testimony concerning Barber’s statement about a gun being thrown out of the car. The objection was overruled on the ground that Barber’s statement was part of the res gestae. During cross-examination of the appellant Jackson, he was asked whether he said anything in response to Barber’s statement that they robbed him and had a gun, made after police custody attached. The question was strenuously objected to by both ap ²⁹ pellants.

The objection was overruled on the basis that since the statement was not in reply to interrogation while in police custody, it did not violate the rulings in Miranda v. Arizona, 384 U. S. 436 , but rather was in the nature of a spontaneous declaration. The objection being overruled, the appellant Jackson answered the question by testifying that he made no response to Barber’s accusations. No evidence was adduced as