Brown v. State, 222 Md. 312

160 A.2d 95 (1960) · Court of Appeals of Maryland · April 18, 1960 · No. No. 213, September Term, 1959

Summary

Calvin Brown appealed his conviction for assault with intent to rob, challenging the sufficiency of the evidence and the credibility and sufficiency of the victim's identification. The Court of Appeals of Maryland held that credibility and identification were matters for the trial judge and that the evidence, if believed, supported the conviction. The court found no clear error and affirmed the judgment.

Holdings

  1. The evidence, if believed, was sufficient to warrant Brown's conviction for assault with intent to rob.
  2. The appellate court would not reverse the conviction because it found no clear error in the trial court's evaluation of the evidence.
  3. The victim's letter suggesting a mistake in identification was not properly before the appellate court and could not support reversal.

Questions Presented

  1. Whether the evidence, including the victim's identification of Brown, was legally sufficient to sustain the conviction for assault with intent to rob.
  2. Whether the trial court's assessment of the victim's credibility and identification was clearly erroneous.
  3. Whether the victim's post-trial letter suggesting a mistake in identification could be considered on appeal.

Disposition

affirmed

Cases Cited (2)

  • Johnson v. State, 221 Md. 177, 156 A.2d 441(followed)
  • Ward v. State, 219 Md. 559, 150 A.2d 257(followed)

Cited In (0)

No citing cases on record yet.

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