Niemotko v. State
Niemotko v. State
Concurring Opinion
filed the following concurring opinion.
If the facts alleged in the petitions are supported by the records (which are not before us), petitioners’ rights under the Constitution of the United States of freedom of worship, freedom of speech and freedom of assembly have been wantonly violated and completely flouted by the municipality of Havre de Grace and by the Circuit Court. Lovell v. City of Griffin, 303 U. S. 444, 58 S. Ct. 666, 82 L. Ed. 949; Hague v. C. I. O., 307 U. S. 496, 59 S. Ct. 954, 83 L. Ed. 1423; Schneider v. New Jersey (Town of Irvington), 308 U. S. 147, 60 S. Ct. 146, 84 L. Ed. 155, and many subsequent cases. Rectification of such outrages would be the most compelling “special circumstances rendering it desirable and in the public interest that the cases should be reviewed.”
However, so long as this court adheres to its position that Maryland criminal procedure — or lack of procedure —is supreme over the Constitution of the United States, (Winkler v. State, 194 Md. 1, 69 A. 2d 674) review of these cases by this court would result not in rectification
Opinion of the Court
delivered the opinion of the Court.
Separate petitions have been filed in this Court for writs of certiorari to review convictions and judgments of the Circuit Court of Harford County in two cases appealed from trial magistrates’ decisions. One case is against Daniel Niemotko, and the other against Neil W. Kelley. The facts are identical in each case. Each petitioner was charged with the same offense. Each was convicted of disorderly conduct before the trial magistrate and fined $50 and costs. Each appealed to
The facts stated in the petitions are that the petitioners ' are ordained ministers of . the Gospel and members of the sect known as Jehovah’s Witnesses. They were invited by a congregation of that sect in Havre de Grace, Maryland;' to give a public talk- upon a Bible subject, Niemotko,-on Juné 26, 1949, and Kelley on July--3, 1949. Niemotko had been informed that the City Council of Havre de Grace had refused to allow-Jehovah’s Witnesses to hold the assembly in the Park. When he arrived there, a number of policemen were present,'and'the Chief of Police advised him that" if he attempted to talk he would be arrested. 'He did start to talk, was allowed to continue for ten or fifteen minutes, and then was arrested. The charge ¿gainst him was” laid under the disorderly conduct statute, Section 131 of Article 27. •
Kelley appeared on the following Sunday with knowledge of the arrest -of Niemotko, and was likewise in
The questions which the petitioners wish us to review are stated as follows:
(1) Does the making of a speech to a peaceable public assembly in a public park without a permit from the City Council of Havre de Grace and contrary to the order of the Chief of Police constitute disorderly conduct in violation of Section 131, Article 27 of the Code of Public General Laws of Maryland?
(2) Does the undisputed evidence show that there was no violation of Section 131, Article 27 of the Code of Public General Laws of Maryland?
(3) Do the verdict and judgment rendered against the petitioner in the court below abridge the petitioner of his right to freedom of speech, freedom of assembly, freedom of worship and freedom of conscience, contrary to the First and Fourteenth Amendments to the United States Constitution and the Declaration of Rights of Maryland?
(4) Did the trial court commit egregious reversible error in denying petitioner the right to examine the prospective jurors on voir dire as to prejudice and knowledge of the case so as to intelligently exercise his peremptory challenge and to ascertain the existence of grounds warranting challenges for cause?
(5) Did the trial court commit egregious reversible error in excluding evidence and testimony offered by the petitioner and by unduly limiting petitioner’s right to cross-examine the witnesses for the prosecution?
*252 (6) Did the trial court commit egregious reversible error in allowing the prosecutor to argue erroneous statements of law to the jury and in denying counsel for the petitioner the right to make and to complete his objections to such arguments?
(7) Did the trial court commit reversible error in overruling the motion for dismissal of the prosecution and for a judgment of acquittal?
(8) Did the trial court- commit reversible error in overruling the motion for directed verdict of “not guilty” ?
(9) Did the trial court commit reversible error in
overruling the motion for judgment notwithstanding the verdict? ■»
(10) Did the trial court commit reversible error in overruling the motion for new trial?
(11) Did the trial court commit egregious and reversible error , in rendering a judgment of conviction upon the verdict of the jury ?
These questions require us to review the evidence in a case heard before a jury, and also to review the conduct of the trial court in refusing motions for directed verdicts of not guilty, motions directing verdicts of acquittal, motions for judgments n.o.v., in overruling motions for a new trial, and in entering judgments upon the verdicts. It has, of course, been many times decided by this Court that since by Article 15, Section 5 of the Constitution of this State, the jury are the judges of law as well as of fact in the trial of all criminal cases, the courts cannot review the evidence or instruct the jury on the law, except in an advisory capacity. Wheeler v. State, 42 Md. 563, 569; Broll v. State, 45 Md. 356, 359; Abbott v. State, 188 Md. 310, 52 A. 2d 489; Herring v. State, 189 Md. 172, 55 A. 2d 332. If these petitions were granted we would, therefore, be unable to determine whether the facts proven showed a violation of the disorderly conduct statute, and we cannot find from the petition that the application of the statute- to' the facts by the jury was in violation of the decisions of the
In this State we have no practice of motions for a judgment of acquittal, motions for a directed verdict of not guilty, or motions for judgment n.o.v. in a criminal case. All the other points raised involve matters affecting the conduct of the trial, which are largely in the discretion of the trial court. They are not matters of public interest which make it desirable for us to review the cases under Article 5, Sec. 104, and we do not think they are the type of cases which that section is intended to cover.
For these reasons, both petitions will be denied.
Reference
- Full Case Name
- Niemotko v. State; Kelly v. State
- Cited By
- 10 cases
- Status
- Published