Burley v. State, 107
Decision Date | 20 November 1968 |
Docket Number | No. 107,107 |
Citation | 5 Md.App. 469,248 A.2d 404 |
Parties | James Edward Leonard BURLEY, Jr. v. STATE of Maryland. |
Court | Court of Special Appeals of Maryland |
Donald Needle, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., Charles E. Moylan, Jr., and Peter G. Ward, State's Atty. and Asst. State's Atty. for Baltimore City, respectively, on brief for appellee.
Before MURPHY, C. J., and ANDERSON, MORTON, ORTH and THOMPSON, JJ.
The appellant here was convicted of grand larceny by the Criminal Court of Baltimore and sentenced to 3 years. It is not disputed that the corpus delicti of the crime was proved. A large number of articles were stolen from the apartment of Samuel Smith. He reported the theft to his landlord. The next evening his landlord came to the apartment with his nephew Joseph Bell and Bell gave Smith a pair of cuff links and two pair of pants that had been stolen. Bell testified that he had obtained the articles from the appellant, who came up while Bell was sitting in front of his house. The appellant gave Bell the cuff links but indicated he would pick the pants up later. A record player and two sweaters, which had been stolen from Smith, were recovered from Ethel Parker. She testified that on the day of the larceny she was sitting on the front steps of her home 'with a gang of people' when the appellant came down the street 'with a hand full of articles * * * about twenty albums, soap, pants, record player, fan * * * He asked did anybody want to buy anything.' She bought the fan and the record player and also obtained two sweaters for which she was going to pay him later. The police recovered the record player and sweaters from her about five days after the theft. She had given the fan to her sister and the police recovered that item from the sister. There was no evidence as to the amount she had paid for the articles. On cross-examination she said she learned that Smith's apartment had been 'burglarized' the day before the police came. About a week after the theft the police obtained an arrest warrant for the appellant on information received from Bell and Ethel Parker.
The appellant, testifying in his own behalf, denied that he had 'burglarized' Smith's apartment, denied that he had stolen the articles, denied that he gave the cuff links and pants to Bell or that he ever had possession of them and denied that he sold any goods to Ethel Parker. He admitted to prior convictions for larceny and burglary. He knew Bell-'See him, speak to him, keep going about my business.'
The testimony of Bell and Parker was sufficient to show that the appellant was in possession of recently stolen property. The general rule is that the exclusive possession of recently stolen goods, absent a...
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