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Howard v. State

Howard v. State, 209 A.2d 604 (Md. 1965)
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Court
Court of Appeals of Maryland · State Highest Courts
Decided
April 28, 1965
Docket
Nos. [No. 283, September Term, 1964.]
Judges
Hammond, Marbury, Sybert, Oppenheimer, Barnes
Citations
209 A.2d 604238 Md. 6231965 Md. LEXIS 691

Opinion — Per Curiam

Per Curiam.

The appellant, convicted of burglary and sentenced to a term of five years, challenges on appeal the sufficiency of the evidence. He contends that the testimony most damaging to him was legally insufficient because it came from an alleged participant in the burglary and from his relatives.

These witnesses clearly were competent to testify and, this being so, the credibility and weight of their testimony was for the trier of fact. The record does not show him to have been clearly wrong in accepting their versions of what occurred.

Furthermore, there was other evidence sufficient not only to *624 corroborate that of the accomplice but of itself to sustain the conviction. When he was arrested, appellant was wearing a pair of shoes which had been recently stolen and he could give no reasonable explanation of how they came into his possession. The trial judge could properly draw from the circumstances the inference of fact that he was the burglar. See Stapf v. State, 230 Md. 106 .

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • (“When he was arrested, appellant was wearing a pair of shoes which had been recently stolen and he could give no reasonable explanation of how they came into his possession. The trial judge could properly draw from the circumstances the inference of fact that he was the burglar.”)
1966: 11967: 11968: 21972: 11975: 11977: 12011: 119662026peak 1968 · 2

Relies on it most ⓘ

  1. Brewer v. Mele298 A.2d 156 (Md. 1972)
  2. Veney v. State246 A.2d 608 (Md. 1968)
  3. Cross v. State374 A.2d 620 (Md. Ct. Spec. App. 1977)
  4. Molter v. State28 A.3d 797 (Md. Ct. Spec. App. 2011)
  5. Richardson v. State of Maryland398 F. Supp. 425 (D. Maryland 1975)
  6. Boswell v. State249 A.2d 490 (Md. Ct. Spec. App. 1968)

Most recent

  1. Molter v. State28 A.3d 797 (Md. Ct. Spec. App. 2011)
  2. Cross v. State374 A.2d 620 (Md. Ct. Spec. App. 1977)
  3. Richardson v. State of Maryland398 F. Supp. 425 (D. Maryland 1975)
  4. Brewer v. Mele298 A.2d 156 (Md. 1972)
  5. Boswell v. State249 A.2d 490 (Md. Ct. Spec. App. 1968)
  6. Veney v. State246 A.2d 608 (Md. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Stapf v. State, 185 A.2d 496 (Md. 1962) 12

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