203 A.2d 268
[No. 7, September Term, 1964.]Court of Appeals of Maryland.
Decided September 24, 1964.
ROBBERY — Evidence Held Sufficient To Convict. p. 610
CRIMINAL LAW — No Error In Admission Of Statement Which Was Not A Confession, Although It Contained An Admission — Denial By Police Officers That Statement Was Produced By Beating — There Was Evidence To Support Finding Of Trial Judge That It Was Voluntary. p. 610
Decided September 24, 1964.
Appeal from the Criminal Court of Baltimore (GRADY, J.).
Stephen Edward Williams was convicted of robbery, by the trial court, sitting without a jury, and from the judgment entered thereon, he appeals.
Affirmed.
The cause was argued before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.
Morris Lee Kaplan, with whom was Michael Lee Kaplan on the brief, for the appellant.
The Court declined to hear argument for the appellee. Thomas B. Finan, Attorney General, Mathias J. DeVito, Assistant
Page 610
Attorney General, William J. O’Donnell, State’s Attorney for Baltimore City, and William A. Swisher, Assistant State’s Attorney, on the brief for the appellee.
PER CURIAM.
The appellant contends that the evidence was insufficient to convict of robbery and that the court erred in admitting a statement given by him to the police. We find no merit in either contention. The appellant was positively identified by the victim in a line-up and at the trial. He was arrested near the scene of the crime on a description given by the victim. The statement was not a confession, although it contained an admission that the accused was in the company of the other participants immediately prior to the yoking. In any event the claim that it was produced by a beating is denied by all the officers, and there was evidence to support the finding of the trial judge that the statement was voluntary. Cf. Bean v. State, 234 Md. 432.
Judgment affirmed.