Darby v. State
Darby v. State
Opinion of the Court
The Appellant, Franklin Roosevelt Darby, was convicted of receiving stolen goods by Judge Albert L. Sklar, sitting without a jury in the Criminal Court of Baltimore, and sentenced to five years in the Maryland House of Correction.
Four alibi witnesses were produced by the Appellant. The Appellant’s girlfriend testified that she had seen the Appellant for about twenty or thirty minutes, beginning at 7:45 P.M. on the evening in question and that from 8:15 P.M. that evening to 3 :00 A.M. the following morning he was in her home. The remaining witnesses placed the Appellant in the girlfriend’s house from approximately 8:30 or 9:00 P.M. until sometime after 11:00 P.M. that evening.
In this appeal the Appellant contends that the evidence was legally insufficient to support the lower court’s finding of guilt.
Since the instant case was tried by the lower court without a jury, this Court may review the case upon both the law and the evidence. However, the judgment of the lower court will not be set aside on the evidence unless clearly erroneous and due regard will be given to the opportunity of the lower court to judge the credibility of the witnesses. Maryland Rule 1086; Dortch and Garnett v. State, 1 Md. App. 173; Bury v. State, 2 Md. App. 674. Our function on appeal in a non-jury case
It is a familiar principle that the possession of recently stolen goods gives rise to a factual presumption that the possessor is guilty of receiving stolen goods when a showing is made that another person or persons is involved in the theft, and such possession, unexplained, is sufficient to sustain a conviction. Anglin v. State, 244 Md. 652, 657; Jordan v. State, 219 Md. 36, 49-49; Scott v. State, 1 Md. App. 481, 494.
The credibility of the witnesses was for the trial judge to determine. In this case, he clearly disbelieved the alibi witnesses and believed the testimony of Mrs. Scotland. This he had a perfect right to do. Bury v. State, 2 Md. App. 674; Logan v. State, 1 Md. App. 213.
Under all the circumstances, it is our opinion that there was sufficient evidence to support the judgment of the trial judge that the Appellant was guilty. We cannot say that the judgment was clearly erroneous.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.