Waller v. State

Horney, J., delivered the opinion of the Court. The appellant was convicted by the Municipal Court of Baltimore City of an assault and battery (herein called “first”) on a sleeping female patient after he had entered a hospital at an early morning hour under the pretense of locating the accident room and was sentenced to a term of three years. On appeal to the Criminal Court of Baltimore, this charge was tried de novo jointly with a similar offense under an indictment charging the appellant with assault and battery (herein called “second”) on another female patient. The appeal to this Court is from the judgment entered on a verdict of guilty in each case.

Concurrent sentences of not more than three years in the Institution for Men were imposed by the lower court. All of the questions presented by appellate counsel on behalf of the appellant as well as those he incorrectly undertook to raise himself by way of “questions [he] would like the Court of Appeals to consider for [him]” relate to the sufficiency of the evidence to sustain the convictions. Since the first assault and battery conviction does not involve any of the situations specifically set forth in Code (1964 Cum. Supp.), Art. 5, §§ 12 and 12A(l)-(6), permitting review by us of appeals from the Criminal Court of Baltimore tried there on appeal from the Municipal Court of Baltimore City, this ⁴²⁸ appeal