59 A.2d 630 | Md. | 1948
This is an appeal by Pete Hill, appellant, who was tried in the Circuit Court for Montgomery County on *700 December 3, 1947, on a charge of unlawfully making and selling a book on the results of certain running race horses in violation of Article 27, § 291, of the Annotated Code of Maryland, 1939 Edition, resulting in a judgment and sentence on December 4, 1947, of a fine of One Thousand ($1,000) Dollars and confinement in the Maryland House of Correction for a period of nine months.
Judge Charles W. Woodward issued a search warrant on August 15, 1947, authorizing the search of Pete Hill "for any and all books, slips, lists and records of the names of horses on the results of any running race of horses, races, contest or contingency of any kind in this State and elsewhere and money received from and for the sale of such book or pool, as prohibited by Article 27, § 291, of the Annotated Code of Maryland, 1939 Edition."
On August 16th the appellant was arrested on a warrant, containing the same charge as that in the search warrant, issued on August 15th and taken to the Silver Spring police station where he was searched. He was later taken to the Bethesda police station and again searched where there was found on his person a slip of paper containing the names of persons and amounts of money, a scratch sheet, and marked money. At the trial of the case on December 3, 1947, in the Circuit Court this slip, the scratch sheet and marked money were offered in evidence.
On September 8, 1947, previous to the trial of the case, the appellant filed a motion to quash the search warrant. On November 17th a hearing was held on that motion by Judge Woodward and that motion overruled.
In his appeal to this Court the appellant assigns as error the overruling of his motion to quash the search warrant; that the property seized under the search warrant should not have been offered in evidence; and that the State did not sustain the burden of proof of appellant's guilt beyond a reasonable doubt. *701
It is not necessary that we pass upon this search warrant. InCallahan v. State,
It is said by Cornelius on Search and Seizure 2d Ed., Section 37, page 95 cited in Callahan v. State, supra. "While it is well settled that upon a valid arrest a search of the person may be made and any evidence found thereon tending to establish the commission of a crime may be lawfully seized, nevertheless, if the arrest is unlawful the incidental search in connection therewith is likewise unlawful and in violation of the constitutional rights of the defendant. * * * The right to arrest exists in four general classes of cases. First, the arrest upona valid warrant, a right so thoroughly established that nocitation of authorities is required." (Italics supplied here). See also People v. Chaigles,
In Lawrence v. State,
In the instant case the traverser was arrested on a warrant and at the time of the arrest he was searched and the articles offered in evidence were found upon him. The search was therefore lawful and the articles were properly offered in evidence regardless of the validity of the search warrant issued by Judge Woodward and it is not necessary to pass upon that question.
It has been many times stated by this Court that on review here of criminal cases we are limited to the rulings of the trial court and that we cannot pass upon the sufficiency of the evidence which is a question for the jury, *703
or for the trial judge sitting as a jury. Lanasa v. State,
Without passing upon the action of the trial judge in refusing to quash the search warrant it must be observed that the motion to quash was made prior to the trial. In the case of Sugarman v.State,
Rule 39, adopted by this Court November 1, 1945, provides in part that the brief of the appellant shall contain: "(e) An appendix which, in addition to what is required by Rule 36, shall contain such parts of the record as he desires the Court to read. Stars or other appropriate means should be used to indicate omissions in the testimony of witnesses, reference to the pages of the transcript should be made and the names of the witnesses should be indexed." In the instant case the appendix to the brief contains nothing other than the docket entries of the trial below. Neither the brief nor the appendix contain the application for the search warrant, the search warrant itself; nor the motion to quash.
This Court has pointed out many times that in passing Rule 36, doing away with the necessity of printing the *704
record on appeal, it was done for the purpose of decreasing the cost of appellate litigation. By the adoption of Rule 39, it is clearly stated that the appendix to appellant's brief should contain such part of the record as appellant desires this Court to read. We have pointed out that where matters to be passed on on appeal are contained in the one typewritten copy of the record, we do not intend to pass this from member to member of the Court so that each judge may search for what the appellant is discussing in his brief, and that in such cases the appeal must be dismissed. Strohecker v. Schumacher, etc.,
Appeal dismissed, with costs.