Scott v. State

Per Curiam. Winston Henry Scott, the appellant, was convicted of storehouse breaking in the Criminal Court of Baltimore, Judge J. Gilbert Prendergast presiding without a jury. He was sentenced to five (5) years consecutive to a three (3) year sentence imposed the same day for violation of probation. The errors alleged and such facts as are necessary for the opinion appear hereinafter.

I Scott was arrested on July 9, 1966, for the offense which occurred that date. He was released on his own recognizance ⁷⁰⁷ pending trial. After several postponements, at least one of which was at Scott’s request, the case was tried on January 6, 1967. On December 22, 1966, the appellant filed a motion for a speedy trial and a motion that the proceedings be dismissed because of the lack of a speedy trial.

The motion for a speedy trial was granted but the motion to dismiss was denied. Scott alleges error in the failure to grant his motion to dismiss, relying on the case of Jones v. State, 241 Md. 599 , 217 A. 2d 367 . He overlooks the fact that in the Jones case there were several demands for a speedy trial in the months preceding the granting of the motion to dismiss the proceedings. In State v. Murdock, 235 Md. 116 , 200 A. 2d 666 and in State v. Long, 1 Md. App. 326 , 230 A. 2d 119 , the Court of Appeals of Maryland and this court held that the right to a speedy trial can be waived if an accused fails to demand such trial.

Since he was afforded a trial within fifteen days after his first demand for a speedy trial, it is apparent there is no substance to his motion to dismiss and no error in the trial court’s refusal to grant it. II Scott alleges error in that Officer Fred Kontner was permitted to testify that, on the basis of information given him by a third person, he pursued Scott immediately after the crime was committed. At the trial there was objection to the admission of this testimony and the trial court stated that if there was any question as to the legality of the arrest or seizure of any merchandise, the conversation would