LOCATION: Beaumont Mills
DOCKET NO.: 600
DECIDED BY: Warren Court (1962-1965)
CITATION: 373 US 59 (1963)
ARGUED: Apr 16, 1963
DECIDED: Apr 29, 1963
Facts of the case
Media for White v. Maryland
Audio Transcription for Oral Argument - April 16, 1963 in White v. Maryland
Number 600, Robert Galloway White, Petitioner, versus Maryland.
Fred E. Weisgal:
Mr. Chief Justice, may it please the Court.
This is an appeal from a decision of the Maryland Court of Appeals affirming petitioner's conviction for murder by the Criminal Court of Baltimore City theft, death penalty was imposed.
A certiorari was granted by this Court and it was limited to the point raised in Hamilton versus Alabama.
The pertinent undisputed facts briefly are that on May 27, 1960 the petitioner was arrested and taken to the Central Police Station in Baltimore City.
This is approximately 12:40 pm and at approximately 6:30 that evening he was booked, which means the charges were placed against him on the docket.
He was brought before a magistrate on May 31, four days later, 3 pm and the state, which usually appears at all of these preliminary hearings, representing this day asked for a postponement at that time.
Postponement was granted and the man was remanded to at that to the Baltimore City Jail where he remained until August 9 when he was again brought before the magistrate for a preliminary hearing.
At this preliminary hearing, as is the practice in Maryland, even though the magistrate does not have jurisdiction to try this case, he is asked if he wants to plea guilty or not guilty and the man entered the plea of guilty.
Now come, of course, to the important point that is before this Court.
This man did not have an attorney representing him either at May 27 or at any time up until this hearing of August 19, still did not have an attorney rather and the magistrate after the preliminary hearing just referred to case sent it up ham as we say in Baltimore, to the grand jury.
An indictment was brought out, and on September 9 be was brought to the criminal court, or September 8, he was brought to criminal court for arraignment.
He still did not have an attorney and at that time a plea of not guilty was entered by him by the court.
The court then appointed an attorney.
He was re-arraigned on November 25, 1960, at which time through his counsel, he entered pleas of not guilty and not guilty by reason of insanity.
The case came to trial on February 28, 1961.
It was practically a year later, and during the course of the trial the following testimony took place on page 5 of our brief where the state asked the lieutenant, the arresting officer, Lieutenant Glover, were you present at the preliminary homicide hearing before magistrate Claudney on August 8, 1960 where White was charged with the -- this offence.
Sir, do you recall what plea, if any, that defended White gave upon his arraignment at that time?
White gave a plea of guilty.
Let me clarify one thing to this court at this time.
The use of the arraignment by the State Attorney at that time means -- it does not mean that there was an arraignment as such.
This was a preliminary hearing.
He uses the word arraignment to mean that he appeared before magistrate and nothing else.
Now this --
Arthur J. Goldberg:
[Inaudible] were there any objections [Inaudible]
Fred E. Weisgal:
During the course of the trial at criminal court, no sir, but I think that is answered quite clearly by the Court of Appeals that any objection even if it had been made wouldn't have made any difference, because the Maryland has recognized the rule that if you plead guilty before a magistrate they can introduce this plea in evidence against you.
They can use this.
Arthur J. Goldberg:
They may have [Inaudible] held back but your instance is that in this case it wasn't [Inaudible].