Reid v. State
Reid v. State
Opinion of the Court
delivered the opinion of the Court.
Appellant was convicted of rape before two judges, sitting without a jury, in the Circuit Court for Baltimore County. He was sentenced to be hanged. The testimony was concluded at 11:15 A. M., and the court
The imposition of sentence in a criminal case in this State is a matter peculiarly within the province of the trial judge who hears the case and sees the witnesses and the accused. It is not cruel and unusual punishment if it is within the statutory limits prescribed for the crime of which the accused is found guilty, and the trial court alone has the right to determine the penalty within these limits. Dutton v. State, 123 Md. 373, 91 A. 417. Duker v. State, 162 Md. 546, 160 A. 279. Walker v. State, 186 Md. 440, 47 A. 2d 47. Taylor v. State, 187 Md. 306, 49 A. 2d 787. Weinecke v. State, 188 Md. 172, 52 A. 2d 73. Abbott v. State, 188 Md. 310, 52 A. 2d 489. Newton v. State, 193 Md. 200, 66 A. 2d 473. Heath v. State, 198 Md. 455, 85 A. 2d 43. The sentence in the case before us is within the statutory limit. Code, Article 27, Sec. 544. We have been referred to several cases from other jurisdictions which allow their appellate courts to review sentences. Among these cases are Haynes v. State, 137 Neb. 69, 288 N. W. 382; Guerin v. State, 138 Neb. 724, 295 N. W. 274; Hulsey v. State, 65 Okla. Cr. 382, 87 P. 2d 1110; and State v. Spears, 130 Iowa 294, 106 N. W. 746. As we have pointed out, the law in this State is different, and we have no such' power, so that the decisions in these cases are not. authority for our taking any such action.
In the case before us, we see no occasion to hold that the punishment comes within the exception suggested by Mitchell v. State, supra. The crime was an atrocious one, apparently without any mitigating circumstances, and there is nothing in the record to show that the appellant was imbecilic or moronic, or that there was any need for a psychiatric examination. He contends that such an examination should be made in all sex cases, and cites in support of this theory various Law Review articles. There is, however, no such rule of law in this State. The Legislature has left to the trial judges the
Appellant points out that in the case of Murphy v. State, 184 Md. 70, 40 A. 2d 239, where the accused was convicted of rape and sentenced to death, we held that the court had a right to consider various additional facts showing something of the life, family, occupation, and record of the person about to be sentenced. We did not, however, say in that case that it was always necessary for a judge to get this extrinsic evidence. Whether it is advisable and necessary, or not, depends upon the circumstances of each case, and upon what the court has been able to find during the trial. We cannot reverse a judgment merely because the court did not avail itself of some extrinsic evidence. In the case before us, it is not suggested that there was any such evidence, and this argument on behalf of the appellant is based upon a psychiatric and not a legal theory of sex crimes.
Appellant is a Negro, and his victim was a fifteen-year-old white girl. This fact was called to the attention of the trial court by appellant’s counsel in his remarks to the court at the conclusion of the case, when he asked the court to give a less sentence than the one imposed because the appellant had no prior convictions, was married, had two children, and was only twenty-five years of age. Whether or not the reason counsel made the remark he did was to impress the court by his frankness while requesting leniency, we cannot find that the appellant was prejudiced thereby, because it was a fact apparent to the court. Appellant, however, calls this “a particularly violent expression of white chauvinism”,
We have no authority to reverse the sentence in this case, and, therefore, the judgment will be affirmed.
Judgment affirmed.
070rehearing
Memorandum on Motion For Rehearing
Appellant has moved for rehearing on the theory that he was denied due process of law in the trial below. The grounds for this contention are the same as those set out in the brief and oral argument made in his behalf, but not before urged as constituting a denial of due process. We have, however, considered them in this light, and find that no such denial exists. The motion will be denied.
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