IRBY v. STATE, 230 Md. 539 (1963)

188 A.2d 283

IRBY v. STATE

[No. 188, September Term, 1962.]Court of Appeals of Maryland.
Decided February 5, 1963. Motion for stay of mandate filed February 27, 1963, granted as provided in Order of Court filed March 8, 1963. Certiorari denied, 375 U.S. 859.

CRIMINAL LAW — Burglary And Robbery — Evidence Held Sufficient To Convict. In this prosecution for robbery and larceny, it wa held the evidence was sufficient to convict. An automobile, from which the defendant fell or jumped, was seen by the police in an alley behind a clothing store. Its rear seat was piled to the roof with clothing. The store had been broken into and garments, valued at more than $100, had been stolen. The automobile belonged to the defendant’s mother. In it were found tags identified as having been attached to the stolen garments. p. 540

Decided February 5, 1963.

Motion for stay of mandate filed February 27, 1963, granted as provided in Order of Court filed March 8, 1963.

Appeal from the Circuit Court for Montgomery County (SHOOK, J.).

James Campy Irby was convicted of robbery and larceny and he appealed.

Judgment affirmed, with costs.

Page 540

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, MARBURY and SYBERT, JJ.

J. Healy Sullivan, for appellant.

Gerard Wm. Wittstadt, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Leonard T. Kardy an James Cromwell, State’s Attorney and Deputy State’s Attorney,
respectively, for Montgomery County, on the brief, for appellee.

PER CURIAM.

This appeal, from a judgment entered upon a jury’s verdict, and sentence to five years for burglary and larceny, challenges only the legal sufficiency of the evidence. At about 3 A.M. in the morning of December 11, an automobile with three persons in the front seat was observed by the police in an alley behind a clothing store. They saw that the rear seat was piled to the roof with clothing. The car sped away and the appellant either fell or jumped out and ran off. He was captured, but the others were not. It was shown that the clothing store had been broken into and garments valued at more than $100 had been stolen. The car was picked up in Washington, D.C., on the following day and identified. It belonged to the appellant’s mother. In the car were found tags identified as having been attached to the stolen garments. We think the evidence was sufficient. Cf. Tasco v. State, 223 Md. 503, 509, and Ponder v. State, 227 Md. 570, 572.

Judgment affirmed, with costs.

Page 541