Henry Hubert Corens, an automobile painter and mechanic, of Bethesda, 44 years old, was indicted by the Grand Jury of Montgomery County for the murder of his wife, Pearl W. Corens, on February 12, 1945. The case was removed to the Circuit Court for Anne Arundel County, where he was tried and found guilty of murder in the second degree. On May 28 he was sentenced by the court to confinement in the Maryland Penitentiary for the period of 18 years. From the judgment he entered an appeal to this Court.
When the case came on for trial the State's Attorney requested the court to ask each prospective juror on his voir dire
whether he would be willing to convict on circumstantial evidence in a case where the penalty might be death, inasmuch as the State expected to prove the commission of the crime by circumstantial evidence. Over the defendant's objection the court asked each juror the following question: "Have you any such conscientious scruple or opinions as would prevent or preclude you from rendering a verdict of guilty in a case where the penalty prescribed by law may be death upon what is commonly called circumstantial evidence?" It is contended *Page 564
that the question had a prejudicial effect by leading the jurors to believe that the judge had already decided that defendant was guilty and that circumstantial evidence was sufficient to convict. In Maryland there is no statute or precise rule prescribing the questions which should be asked a prospective juror on his voir dire in order to determine his qualification, but the subject is left largely to the sound discretion of the court in each particular case. In the exercise of that discretion, the trial judge should adapt the questions to the needs of each case in the effort to secure an impartial jury. InWhittemore v. State,
Defendant testified that he went to bed in his home on Gladwyne Drive about 9.30 o'clock on Monday night, February 12, and was awakened shortly before midnight by the radio; that he asked his wife to turn the radio down and then went back to bed; that a few minutes later she came into his room and angrily demanded whiskey, and hopped on him and scratched his face. "By that time," he said, "I sat up in bed and I slapped at her. She must have picked up something, * * * it must have been the heel of a shoe. She struck me here (indicating the forehead) and it knocked me out." According to his story, he regained consciousness within a few minutes and searched the house but she had disappeared. In the morning his right eye was bloodshot, his forehead swollen, his face scratched, and his lip cut. As the day was rainy and bad for painting, he stayed at home until noon; then went to a restaurant for lunch; returned home about 1.30; remained there until about 4.30; went to a moving picture theatre; drank several glasses of beer about 8.30; went home again and retired about 9.30. On Wednesday, February 14, he went back to work; but in the afternoon Mrs. Corens' brother, Ralph Walker, and his wife called to see him, and requested him to accompany them to the police station to report the disappearance. Detective John Leahy went to the home and examined the premises, and Corens promised to co-operate with him. During the following two weeks Corens lived alone.
On February 27 a woman's head was found by a fisherman on the Seneca Road in Fairfax County, Virginia, about a half mile south of the Potomac. After Officer Richard F. Utz, of Fairfax County, was given permission by the coroner to take the head to the police in Montgomery County, it was identified by three dentists as the head of Mrs. Corens. An examination disclosed *Page 566 that the head had been severed from the body by a saw. That night Corens was called to the police station, where he was informed that his wife's head had been found. He retorted: "You would have to show it to me. I won't believe it." Detective Leahy made a midnight trip to the Corens home to search the basement again. Under the work bench he found a hack saw. He took this to Dr. Briggs J. White, a chemist of the Federal Bureau of Investigation, who found upon it stains of human blood. Defendant was questioned until after 4 A.M., charged with murder, and taken to the jail in Rockville. On the evening of February 28 he was brought to the State's Attorney's office, where he was permitted to see the woman's head in a basket.
The first objection to rulings on evidence arises from the exclusion of a question which the defense directed to Officer Utz, after he had narrated about the finding of the woman's head on the Seneca Road in Virginia. This question was: "Did you make any effort to ascertain or find out whether or not the person whose head was found has been killed or murdered around that section of the country?" Defendant's contention is that, if any part of the body of a resident of Maryland is found in another State, the police in that State ought to make an investigation, and that at the trial of this case he should have been permitted to show that no investigation had been made by Officer Utz. The law is established in this State that the method, scope and extent of cross-examination are within the trial court's discretion, and in the absence of an abuse of discretion will not be interfered with on appeal. We also accept the rule that cross-examination can relate only to the facts and incidents connected with matters stated in the direct examination of the witness, and if a party desires to examine a witness as to other matters, he must do so by making the witness his own. Marino v.State,
Captain James McAuliffe, of the Montgomery County police, was asked to repeat his conversation with the defendant at the time of his arrest. The witness replied that he asked defendant whether he had ever been in Virginia, and defendant said "he had been across Chain Bridge, and a very short distance after he crossed Chain Bridge he came back." Defendant says the question should have specified the time of the trip, as his alleged reply may have misled the jury to believe that he had crossed the Potomac on the night of February 12, leading them to the inference that he carried his wife's body with him. What happened at the trial, however, was that when his attorney interrupted the examination to inquire when it was that he "went over there to Virginia," the State's Attorney requested that he be allowed to conduct the direct examination without interruption. Since defendant had the privilege of cross-examination, we find no reversible error in the testimony. The judge assured the defense in plain words: "You have a right in your cross-examination to ask all you want."
Defendant made objection when the State recalled Dr. J.W. Bird to the witness stand to explain a statement he had made on a previous day of the trial. Dr. Bird had testified that he knew the head was a woman's head because of the scalp, ears, lower jaw and hair. After other witnesses testified that there were no ears on the head, Dr. Bird was recalled and asked: "Did you mean to create the impression to the court and jury whether there were ears on the head you examined?" Defendant argues that Dr. Bird should not have been recalled to explain what he meant, as the jurors themselves had the *Page 568
right to determine from his testimony the impression that he intended to create. But the law is clear that whether a witness, after his examination has been completed, may be recalled, either for explaining what his testimony meant or giving additional testimony, is a matter resting solely in the discretion of the trial court, and from the exercise of that discretion no appeal will lie. Schwartze v. Yearly,
In addition to the hack saw, a number of articles were taken out of the Corens home to be examined by Dr. White. These also were found to contain stains of human blood or fatty tissue. Dr. White testified that he found blood stains on the laundry trays, the Oxydol soap powder box, the wall behind the trays, the sewer pipe near the trays, the concrete floor of the basement, on a piece of paper from the basement, on the gas furnace, on the handle of a spade, on the handle of a mop, on the andirons, among the ashes from the fireplace trap containing a piece of clothing which Mrs. Corens had worn, on the blanket, sheet and pillow case from Corens' bed, and from a towel from his automobile. Dr. White also testified that he found human body tissue on the laundry trays, on the boards near the trays, on the sewer pipe, and on the clothes hanger. Defendant did not dispute that the exhibits were found in his home. In fact, he attempted to account for the blood spots and the tissue which the chemist found from the analyses. He swore that his finger was caught behind an automobile in December, 1944, and as a result of the accident he was off from work for more than a month, during which time he was often in the basement, and one night when he hit his finger the blood dripped upon the floor and his slippers. He also said that in January, 1945, a rabbit ran into his yard and he killed it with a stick and skinned *Page 569
it in the basement "right there by the laundry trays." He further said that he killed quite a few chickens in the basement. There is also no objection to the findings of Dr. White from his chemical analyses. We accept the rule that facts ascertained by chemical analysis of the blood of a human being or a part of the human body may be stated by a competent chemist, provided that the thing analyzed is satisfactorily identified. ChicagoCosmetic Co. v. City of Chicago,
Defendant, however, objects to the admission in evidence of the trays and other articles for the reason that the amount of blood and human tissue in some instances was so small that it was consumed in the analysis, and therefore the exhibits, which no longer contained any blood or tissue, violated the best evidence rule, especially since he was not present when the analyses were made. The fundamental rule underlying all legal proceedings is that the best evidence of which the case is capable must be produced. This rule means that secondary or inferior evidence shall not be substituted for evidence of a higher nature. "The reason of the rule," as Justice Wayne explained in United Statesv. Wood, 14 Pet. 430, 443,
Defendant also objected to the introduction in evidence of certain photographs, which were taken at his home on March 3. He says that, since they were not taken until three weeks after the homicide, the court could not be positive that they were correct representations of the premises at the time of the homicide, as visitors had been in his home between February 12 and March 3. It is an unquestioned rule that photographs may be introduced in evidence, either in a civil or criminal proceeding, to illustrate the description of a person, place, or object so as to explain or apply the evidence. Snowden v. State,
Defendant objected to the admission of two letters, which he wrote to his girl friend, Thelma Pack, at Petersburg, Tennessee, in November, 1944. He claims that his letters were irrelevant. The law is established that in a prosecution of a husband for the murder of his wife, the State may show by his conduct and statements a want of affection for his wife, and a desire to get rid of her, or that he was infatuated with some other woman or that he maintained intimate relations with her. State v.English,
Finally, defendant says that the trial court committed error in refusing to have the jury visit his home to view the scene where the State claimed the crime was committed. He argues that the jury were entitled to such a view, especially since the evidence was circumstantial. But we must follow the general rule, accepted both in this country and in England, that the granting or refusing of a request to allow the jury to view the premises where a crime is alleged to have been committed is within the discretion of the trial court. Commonwealth v. Chance,
As we find no reversible error in the rulings of the trial court, the judgment must be affirmed.
Judgment affirmed, with costs.