Volume 197 — Maryland Reports

<p>October term, 1950.]</p>

BALTIMORE CITY — <italic>Enoch Pratt Free Library — Trustees' Powers</italic>. Where private gifts to a municipality have established a library with branches, the municipality agreeing to provide operating funds, and the legislative act incorporating the library places "control and management" in trustees subject to the general authority of the Mayor and City Council, the trustees may close a branch library although to sell it requires an ordinance. pp. 508-513 APPEAL — <italic>Second Appeal in Same Case</italic>. If the contentions made on a second appeal were decided on the prior appeal, even though not set out at length in the opinion, they cannot be considered. p. 513 M.S.F., Jr. <italic>Decided April 11, 1951</italic>.

APPEAL — <italic>Criminal — Record — Definite Notation In, That</italic><italic>Affidavit and Search Warrant Were Admitted In Evidence, Held</italic><italic>Unnecessary</italic>. Absence from record of a definite notation that affidavit and search warrant were admitted in evidence was not reversible error where record showed they were offered as exhibits, objected to, and objections overruled; gambling paraphernalia seized pursuant to the search warrant and testimony relative thereto were admitted over objection; and the warrant was "marked for identification" and handed to the judge, sitting without a jury. pp. 549-550 SEARCHES AND SEIZURES — <italic>Search Warrant for Premises Thought to</italic><italic>Be Used for Selling Numbers Tickets — Probable Cause</italic>. Probable cause (more than suspicion, less than certainty) for believing that numbers tickets were being sold in apartment house had to be shown before a valid search warrant could issue, and was shown by affidavit alleging that around two dozen people successively visited the premises a few minutes, without knocking, during the two hours before the first race, then no more people came; paper bags apparently containing something light, taken into the building, were brought out minutes later, smaller but apparently heavier. pp. 548, 550-551 SEARCHES AND SEIZURES — <italic>Search Warrant — Probable Cause</italic><italic>Affidavit Giving Source of Information</italic>. An affidavit for a search warrant in a gambling case gave the source of the affiant's information where it showed that the affiant, a police sergeant, ordered a police corporal to make the investigation, and presented a detailed report of the corporal's observations. p. 551 SEARCHES AND SEIZURES — <italic>Search Warrant — Not General Warrant</italic><italic>Though Authorizing Search of Two Apartments and an Automobile</italic>. A warrant authorizing search of two apartments and an automobile for gambling paraphernalia was<page_number>Page 547</page_number> not a general warrant where the two apartments were in one small building accessible by the same rear stairway, in and out of which the alleged gamblers were seen to go, but in only one of which such paraphernalia was found. pp. 551-553 WITNESSES — <italic>State's Attorney's Threats to Prosecute Witness,</italic><italic>Not Prejudicial Where She Did Not Further Testify as to Material</italic><italic>Facts</italic>. State's Attorney's threats to prosecute the witness, then on the stand, should she change her testimony (she had previously given a statement in the State's Attorney's office) were not prejudicial where she gave no further testimony as to any material facts. p. 553 M.S.F., Jr. <italic>Decided April 12, 1951</italic>.