Harrison v. Maryland

On December 8, 1966 the appellant was found guilty by a jury in the Circuit Court for Prince Georges County of robbery with a deadly weapon and sentenced to imprisonment for a term of 10 years. The indictment under which the appellant was tried contained seven counts as follows: (1) robbery with a deadly weapon; (2) assault with intent to rob with a deadly weapon; (3) robbery; (4) assault with intent to rob; (5) assault and battery; (6) petty larceny; (7) receiving stolen goods. In counts one, two, three, four and five, the assault alleged, as an element of each offense therein charged, was specified as committed on Core Marie Johnson. In counts one, two, three, four, six and seven, the owner of the goods and chattels, moneys and properties therein alleged to be stolen was designated to be Core Marie Johnson. The case coming on for trial on December 6, 1966, the court granted a motion, made in open court by the State, to amend the first, third, fourth, sixth and seventh counts so as to delete the name Core Marie Johnson as the owner of such goods and insert in its place the name of Savannah M. Johnson. However, on the original indictment in the record before us, the requested amendment was made as to the second, third, fourth, sixth and seventh counts and the first count remained as originally drawn -- charging the robbery with a deadly weapon of Core Marie Johnson of the moneys of Core Marie Johnson. The case was recessed. The jury was empaneled and sworn on the afternoon of December 7, 1966 and the trial began on December 8, 1966. At the close of the evidence offered by the State, the court granted a motion for judgment