Savoy v. State

Sybert, J., delivered the opinion of the Court. The appellant, Charles Henry Savoy, was convicted by a jury in the Criminal Court of Baltimore under two indictments, one charging the carrying of a concealed weapon, Code (1963 Cum. Supp.), Art. 27, sec. 36(a), and the other charging soliciting for the purposes of lewdness and assignation, Code (1957), Art. 27, sec. 15(e). After the imposition of concurrent sentences, he appealed.

Two Baltimore City police officers testified that on the night of June 21, 1963, they were on duty in the vicinity of Baltimore and Frederick Streets in plain clothes to check on complaints of perversion and prostitution. At approximately 11:35 P.M., while standing on the corner of said streets, they were approached by the appellant. According to the officers, the appellant initiated a conversation during which he offered to procure women for them for the purpose of prostitution. One officer told the appellant that he would be back with his money and then left to get another police officer.

The remaining officer and the appellant walked a distance of approximately three blocks, ostensibly to get the officer’s car, and continued their conversation. The appellant was asked if he wanted any money, but he refused to take any saying that he would get his money “from the woman who ran the house”. The officer tried to get the appellant to reveal where they were going, but was unsuccessful. The appellant was then placed under arrest after the officer had identified himself, and was taken to the point where the other two officers were.

A search of the appellant revealed a knife, referred to as a “gravity knife”, concealed on his person. The first question presented to this Court is whether the State met the burden of establishing the gravity knife “as one of the type of knives spelled out” in Art. 27, sec. 36(a) 1 . The ³⁹ question, more properly stated, is whether there was sufficient evidence from which the jury could find that the knife constituted a dangerous or deadly weapon. A gravity knife was described below as being similar to a switch-blade knife, in that, when a button is pressed, the blade drops out.

The gravity knife found on the appellant was not in good working order, but while it would not open in the normal manner, the blade could be locked in position, apparently with a flick of the wrist, and there was no testimony that it was incapable of being used. We think the question whether the knife constituted a dangerous or deadly weapon was properly