MERRITT v. STATE, 221 Md. 118 (1959)

156 A.2d 228

MERRITT v. STATE

[No. 84, September Term, 1959.]Court of Appeals of Maryland.
Decided December 11, 1959.

CRIMINAL LAW — Right Of Defendant To Obtain Counsel. Rule 723 b of the Maryland Rules of Procedure (1958 Ed.) provides in part: “If the defendant appears in court without counsel, the court shall advise him of his right to obtain counsel.” Rule 723 c provides: “The record shall affirmatively show compliance with this Rule.” In the instant larceny cases, the record failed affirmatively to show a compliance with these rules and the judgments of conviction and sentences were reversed and the cases were remanded for a new trial. pp. 118-119

Decided December 11, 1959.

Appeal from the Criminal Court of Baltimore City (SODARO, J.).

Larry L. Merritt was convicted of grand and petty larceny and he appealed.

Judgments reversed, and cases remanded for a new trial, the Mayor and City Council of Baltimore to pay the costs.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

Alex Steinhorn, for appellant.

James H. Norris, Jr., Special Assistant Attorney General,
with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris, State’s Attorney for Baltimore City, and Joseph G. Koutz, Deputy State’s Attorney for Baltimore City, on the brief, for appellee.

PER CURIAM.

In this appeal are involved two charges of larceny presented in two indictments, one charging the accused with grand larceny, the other with theft, or petit larceny. The

Page 119

defendant appeared in court without counsel, and was tried on the same day that Hill v. State, infra, was decided by this Court. The record fails affirmatively to show a compliance with Rule 723 b and c; consequently, under the authority of Hill v. State, 218 Md. 120, Bryant v. State, 218 Md. 151, and Williams v. State, 220 Md. 180, the judgments and sentences must be reversed. With this ruling in his favor, we deem it unnecessary to consider the other points raised in the appellant’s brief.

Judgments reversed, and cases remanded for a new trial, the Mayor and City Council of Baltimore to pay the costs.