Opinion
[No. 11, September Term, 1960.]
Decided October 14, 1960.
CRIMINAL LAW — Robbery With Deadly Weapon — Evidence Held Sufficient To Convict. In the instant prosecution for robbery with a deadly weapon, the Court, reviewing the evidence, held that the State had proved its case and, there being a conflict in testimony, that questions of credibility of witnesses were for the trier of facts. p. 244
Decided October 14, 1960.
Appeal from the Criminal Court of Baltimore (ALLEN, J.).
Cornelius Walker, Jr., was convicted of robbery with a deadly weapon and he appealed.
Judgment affirmed.
The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
Submitted on brief by Robert B. Watts, with whom were Brown, Allen Watts on the brief, for appellant. Robert C. Murphy, Special Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Saul A. Harris and Charles E. Moylan, Jr., State's Attorney and Assistant State's Attorney, respectively, of Baltimore City, on the brief, for appellee.
The appellant, convicted of robbery with a deadly weapon, contends that the State did not prove its case. We find no merit in the contention. The appellant was identified at the trial by the manager of the store and a clerk, who were present at the time of the robbery, and both identified him previously at a police line-up. Wrist watches, taken from the store, were found in his residence and upon his person, as well as currency and a bag containing 691 pennies. Estelle Jackson, who lived with the accused, testified that he and another man came into the apartment with a number of wrist watches, which she identified. The trial judge was not required to believe the testimony of the defendant's witnesses, who attempted to account for his whereabouts on the night of the robbery, or the defendant's attempt to account for his possession of the stolen watches. Questions of credibility are for the trier of the facts.
Judgment affirmed.