Toyer v. State

Per Curiam. Appellant was convicted by a jury of selling a narcotic drug, and as a second offender. The only point pressed on appeal is that the court abused its discretion in declining to grant a motion for a mistrial before the jury was sworn. On July 9, 1958, the appellant was arraigned and pleaded not guilty.

When the case came to trial on September 11, 1958, after the court had ruled on several preliminary motions, the clerk stated: “July 9th of this year William Leonard Toyer was arraigned in this court, being a second offender of violating narcotics laws.” Counsel for the accused moved for a mistrial, “by virtue of the way the clerk has read the indictment.” The court inquired: “You mean he shouldn’t have read the indictment?” Counsel replied: “No sir, I am familiar with the indictment, all he should have asked is whether or not Toyer pleads guilty or not guilty, not to state in the presence of the jury that the man is a second offender. He is being tried as a second offender.” The motion was denied. We find no abuse of discretion. It is the practice in the Criminal Court of Baltimore to advise the defendant of the substance of the charges against him on the date of trial, even though there may have been a previous arraignment.

Maryland Rule 723 a requires that arraignment be conducted in open court