Opinion

Sugarman v. State

  • 173 Md. 52
  • 195 A. 324
  • 1937 Md. LEXIS 284
Court
Court of Appeals of Maryland
Filed
Oct 29, 1937
Status
Published
Author
Urner
On the bench
Bond, Urner, Ofputt, Parke, Sloan, Mitchell, Shehan, Johnson
Cited by
68 cases
Authority
More cited than 40.0%

Questioned by Watkins v. State, 288 Md. 597 (1980)

suggesting a possible constitutional right under the Fourth and Fourteenth Amendments to resist an unlawful arrest

How later courts described this case

  • suggesting a possible constitutional right under the Fourth and Fourteenth Amendments to resist an unlawful arrest

Written by the judges who cited it.

Later courts went against this

  • Questioned by Watkins v. State, 288 Md. 597 (1980)

    For a discussion of the continuing viability of the common law principle articulated in Sugarman, see Rodgers v. State, 280 Md. 406, 373 A.2d 944 (1977), cert. denied, 434 U.S. 928 (1977); Annot., 44 A.L.R. 3d 1078 (1972).
    Court of Appeals of MarylandOct 3, 1980Read it

Distinguished

  • Distinguished by Jefferson v. State, 228 Md. 331 (1962)

    173 Md. 52, 58, is readily distinguishable on the facts, for there the attempted bribery of an officer making an illegal arrest was held not to constitute an admission, and was obviously prejudicial.
    Court of Appeals of MarylandApr 16, 1962Read it

The opinion

Urner, J.,

filed a dissenting opinion as follows, in which Bond,, C. J., concurred.

I have been unable to agree with the conclusion that the defendant’s second arrest was without legal justification. In my judgment his statements and offers, while accompanying the officer after his first arrest, and his significant conduct, were equivalent to an admissipn that

*62

he was committing the misdemeanor of which he was evidently suspected, and were sufficient to bring his rearrest, by the same officer, within the principle of the decisions in

Heyward, v. State,

161 Md. 685, 693 , 158 A. 897 , and

Blager v. State,

162 Md. 664 , 161 A. 1 . The torn lottery ticket secreted in the cell which the defendant occupied, and the other similar tickets found along the course of his flight from the officer’s original custody, as well as those discovered in his automobile, were, I think, under the circumstances, properly admitted in evidence.

Callahan v. State,

163 Md. 298 , 162 A. 856 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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