Opinion
[App. No. 19, September Term, 1963.]
Decided November 13, 1963.
POST CONVICTION PROCEDURE ACT — Indictment For Breaking And Entering Storehouse With Felonious Intent — Intent May Be Shown Circumstantially, Although Articles Of Small Or No Value Are Taken — Sufficiency Of Evidence To Support Indictment Is Not Reviewable, Except On Direct Appeal — Three-Year Sentence Within Statutory Limits. p. 667
J.E.B.
Decided November 13, 1963.
Dewey Clifton Tyner instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Application denied.
Before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and MARBURY, JJ.
In this application for leave to appeal from a denial of post conviction relief, petitioner complained below that he was convicted of burglary, although the evidence at the trial did not show that anything was taken. Petitioner was indicted for breaking and entering a storehouse with felonious intent, probably under Code (1962 Supp.), Art. 27, § 32. Such intent may be shown circumstantially, although articles of small or no value are taken. See Rahe v. State, 222 Md. 508 and McNeil v. State, 227 Md. 298. Moreover, the sufficiency of the evidence to support an indictment is not reviewable except on direct appeal. The sentence of three years is well within the statutory limits.
Application denied.