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238 Md. 623

209 A.2d 604

Howard v. State

Court of Appeals of Maryland

Decided April 28, 1965

Court of Appeals of Maryland · decided 1965-04-28

Relies on Stapf v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-04-28

How this case has been cited

Cited by 13 later decisions — most recently September 2011

2 district · 11 state decisions

60196519701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 The appellant, convicted of burglary and sentenced to a term of five years, challenges on appeal the sufficiency of the evidence. He contends that the testimony most damaging to him was legally insufficient because it came from an alleged participant in the burglary and from his relatives.

¶2 These witnesses clearly were competent to testify and, this being so, the credibility and weight of their testimony was for the trier of fact. The record does not show him to have been clearly wrong in accepting their versions of what occurred.

¶3 Furthermore, there was other evidence sufficient not only to *624 corroborate that of the accomplice but of itself to sustain the conviction. When he was arrested, appellant was wearing a pair of shoes which had been recently stolen and he could give no reasonable explanation of how they came into his possession. The trial judge could properly draw from the circumstances the inference of fact that he was the burglar. See Stapf v. State, 230 Md. 106.

¶4 Judgment affirmed.

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