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DAY v. STATE

[No. 33, October Term, 1950.]

196 Md. 384 (1950)

76 A.2d 729

DAY ET AL. v. STATE

Court of Appeals of Maryland.

Decided November 15, 1950.

Attorney(s) appearing for the Case

Louis E. Macht for Gerald S. Day, appellant.

Ernest L. Perkins for Russell S. Lewis, appellant.

Kenneth C. Proctor, Assistant Attorney General, with whom were Hall Hammond, Attorney General, J. Bernard Wells, State's Attorney for Baltimore City and W.H. Maynard, Deputy State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

MARBURY, C.J., delivered the opinion of the Court.

This is an appeal by Gerald Sylvester Day and Russell Sinclair Lewis from sentences of death, imposed after a joint trial and conviction by a jury in the Criminal Court of Baltimore for the murder of a trackless trolley operator. Day was represented by counsel employed by his family; Lewis was represented by counsel appointed by the court.

On October 5, 1949, at about 11:15 P.M., Officer Gardner of the Baltimore...

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