Chandler v. State
Chandler v. State
Opinion of the Court
This is an appeal from a conviction and sentence for armed robbery. The defendant, Chandler, was tried before the court, sitting without a jury. He alleges insufficiency of the evidence to sustain his conviction.
He was positively identified by two eye witnesses as a par
Givens not only identified Chandler as one of the robbers, but testified that he had known Chandler for about a year, that' as the robbers were leaving the tavern Chandler recognized him, and that as a result the robbers kidnapped him as a. hostage and took him by automobile to an outlying area. The man with the shotgun wanted “to get rid .of” Givens “right then” and was reluctant to release him. The .defendant interceded for him, however, and Givens was released after being struck with the shotgun by the other man. He was warned by both men not to talk, under threat of harm to him and his family. The defendant surprisingly enough gave Givens five dollars to get a cab to get home.
At the conclusion of the trial, the court reviewed the evidence, placed great reliance on the testimony of Givens and of the waitress, and found the defendant guilty. Chandler did not testify at the trial, which was held on May 27, 1963. On June 7, at his request, the trial judge reopened the case to hear Chandler’s testimony. After having heard it, the judge adhered to his previous view, saying: “I am [still] convinced, as I was-then, beyond any reasonable doubt that this defendant was a participant in this armed robbery as outlined by the testimony of the witnesses for the State.” The evidence, if believed, was ample to show not only that the finding of the trial judge was not “clearly erroneous”, but to sustain it, and the credibility of the witnesses was, of course, primarily for his determination. There is no basis for a reversal of the judgment. Maryland Rule 886 a; Hursey v. State, 233 Md. 243, 196 A. 2d 472.
Judgment affirmed.
Reference
- Full Case Name
- CHANDLER v. STATE
- Status
- Published