WILLIAMS A/K/A MEANS v. State

Orth, J., delivered the opinion of the Court. The appellant, tried on 7 and 8 October 1968 at a court trial in the Criminal Court of Baltimore under an indictment charging that on 16 June 1963 he did assault with intent to murder John Nolan and did assault and beat the same person, was found guilty generally and a general sentence of 15 years from 15 June 1963 was imposed. 1 On appeal he claims only that the trial court erred ²⁰⁶ in denying his motion to suppress evidence seized from his person. At the time of the commission of the crimes in 1963 John Nolan was an officer of the Baltimore City Police Department working the midnight to 8:00 A.M. shift in the Eastern District. Before going on duty on 16 June a description of an automobile was given at roll call.

While driving his own car to his post, which was Monument Street to Eager Street and from Wolfe Street to Patterson Park, he observed, on the left-hand side of the 800 block Chester Street, an automobile “with three suspects in it” answering the description of the one given at roll call. As he pulled behind the automobile it drove away and he followed it to the 3100 block of Federal Street where it pulled to the curb and stopped. He was in uniform and getting out of his car, approached the automobile, asking the driver for his license and registration. There was a flash and “I realized I was hit in the right shoulder.

At that time, the two other suspects who were on the right-hand side of the automobile had gotten out of the automobile and were facing over the roof on the other side, and I noticed another flash.” He returned the fire, emptying his revolver, and reloaded. During the time he was being fired upon, “at least four shots” were fired at him. The man who had gotten out of the driver’s side and one of those on the other side of the car were firing the shots. A cruising patrol came up and Nolan cried out, “Call an ambulance, I have been shot” and warned, “Don’t get out of the automobile.” From that point on no more shots were fired.

He was taken to the hospital, the bullet was removed and he remained in the hospital about three weeks. The bullet taken from his shoulder was entered into evidence without objection. He could not identify any of the men but one of them was wearing what he believed was a light colored T-shirt. Officer Nicholas Palmere, assigned to the Eastern District at the time, was also working the midnight to 8:00 A.M. shift on 16 June.

About 12:35 A.M. “a call came over the air for an ‘assist an officer’ in the 3100 block of ²⁰⁷ Federal Street, a police officer was shot. In responding to the scene in company with my partner (Officer Anthony E. Filipiak) I observed Officer Nolan who was holding his shoulder, and he stated to me that he had been shot * * * and he advised it was three men that did it, and a partial description was put over the air and several cars responded. We left the scene and immediately searched the neighborhood.” Before he left the scene he saw a station wagon with two bullet holes in the windshield. He drove east on “Federal Street, Edison Highway, and then circled the block.

And we were going west in about the 2900 block of Preston Street when some lady, I don’t know who she is, called our attention and stated to us out of a clear blue sky, ‘Officer, the man you want just ran down the street,’ * * * indicating south across Preston Street, toward Biddle Street, going up — going up the alley * * * We went up, circled the block, and then, while going west, also on Biddle Street, when near the vicinity of Linwood Avenue, I observed a man walking or coming across from the north side to the south side on a diagonal as he walked. And, as we approached up to him, he sort of turned around, and then started walking to the opposite direction away from us * * * He made an indication, as he turned halfway towards us, and then started to walk away from us as we were traveling * * * Officer Potyraj, who was in another vehicle, came out of Linwood Avenue and pulled in front of the man we were watching. And as we pulled up right behind him, Officer Potyraj was out of the car going towards the man. I noticed, as the man sort of turned to his left, he had a bulge in his right pocket, pants pocket, and he started to put his hand in there.

And I was coming up to him, and Officer Potyraj said, ‘Keep your hands out of your pocket,’ and he (the man) put his hand in his pocket 2 * * * and Officer Potyraj grabbed for him and told him to keep his hands out of his pocket. As I came up, he had his hand in his * * * left pocket — and Officer ²⁰⁸ Potyraj had his hand on the outside of the left pocket, and