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Johnson v. State

Court of Appeals of Maryland
Jun 28, 1965
211 A.2d 335 (Md. 1965)

Opinion

[No. 360-A, September Term, 1964.]

Decided June 28, 1965.

CRIMINAL LAW — Robbery — Identifications By Victim Were Sufficient To Support Conviction — In Addition, Testimony As To Flight From Police Had Probative Value Under Circumstances Of Case. p. 697

S.K.S.

Decided June 28, 1965.

Appeal from the Criminal Court of Baltimore (JONES, J.).

Rudolph Johnson was convicted of robbery by the trial court, sitting without a jury, and from the judgment entered thereon, he appeals.

Affirmed.

Submitted to HORNEY, MARBURY, SYBERT, OPPENHEIMER and BARNES, JJ.

Submitted on brief by Joel L. Levin for appellant.

Submitted on brief by Thomas B. Finan, Attorney General, R. Randolph Victor, Assistant Attorney General, Charles E. Moylan, Jr. and Lucy Ann Garvey, State's Attorney and Assistant State's Attorney, respectively, for Baltimore City, for appellee.


After being convicted of robbery by Judge Shirley B. Jones, sitting without a jury in the Criminal Court of Baltimore, the appellant Johnson was sentenced to a term of six years. His sole contention on appeal is that the evidence produced by the State was not sufficient to support his conviction.

The victim of the robbery was a Mrs. Georgianna Sinkler, who testified that while she was walking home from work late at night, two young men jumped her and one put his hand over her mouth and choked her while the other, the appellant Johnson, violently tore her purse from her hand. About five minutes later the police arrived and drove her in the direction her assailants had run. Within four blocks of the crime they came upon two boys who ran when they saw the police car. Mrs. Sinkler immediately identified them as the two who had robbed her. The next morning she picked out the same two boys as her assailants in a police line-up. Finally, at the trial she repeated her identifications.

It is clear that the identifications by Mrs. Sinkler were enough to support the conviction. Bailey v. State, 226 Md. 353. In addition, the testimony as to the flight of the appellants from the police had probative value under the circumstances. Braxton v. State, 234 Md. 1, 4.

Judgment affirmed.


Summaries of

Johnson v. State

Court of Appeals of Maryland
Jun 28, 1965
211 A.2d 335 (Md. 1965)
Case details for

Johnson v. State

Case Details

Full title:JOHNSON v . STATE

Court:Court of Appeals of Maryland

Date published: Jun 28, 1965

Citations

211 A.2d 335 (Md. 1965)
211 A.2d 335