Brown v. State

• Court: Maryland Supreme Court
• Writing for the Court: Before BRUNE; PER CURIAM
• Citation: Brown v. State, 222 Md. 312, 160 A.2d 95 (Md. 1960)
• Decision Date: 18 April 1960
• Docket Number: No. 213,213
• Parties: Calvin BROWN v. STATE of Maryland.

Page 312

222 Md. 312

160 A.2d 95

Calvin BROWN v. STATE of Maryland.

No. 213.

Court of Appeals of Maryland.

April 18, 1960.

C. Oliver Goldsmith, Baltimore, for appellant.

Clayton A. Dietrich, Asst. Atty. Gen., Baltimore (C. Ferdinand Sybert, Atty. Gen., Saul A. Harris, State's Atty. for Baltimore City, Julius A. Romano, Asst. State's Atty. for Baltimore City, Baltimore) on the brief, for appellee.

Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

PER CURIAM.

Calvin Brown appeals from his conviction and sentence on a charge of assault with intent to rob. He challenges the sufficiency of the evidence to sustain his conviction, and attacks the credibility of the testimony of the victim of the attack, one Dargan, who identified Brown as one of two men who attacked him. Able counsel appointed to represent Brown on this appeal has strongly questioned the victim's ability to identify Brown as the man who 'yoked' him from behind, though the victim was unable to identify another suspect wearing a red sweater, as the man who attacked him from the front. Dargan had described one of his assailants as wearing a red sweater.

The case was tried before Judge Allen, sitting without a jury. The credibility of the witness and the sufficiency of the identification were matters for the determination of the trial judge. Johnson v. State, 221 Md. 177, 156 A.2d 441. The evidence, if believed, was ample to warrant conviction. We could not reverse the conviction on a question of evidence unless it were clearly...