Volume 6 — Maryland Appellate Reports

APPEAL — <italic>Waiver Of Allegations Not Raised Below</italic>. The issues of probable cause for appellant's arrest, denial of counsel at the preliminary hearing, whether a witness should have been allowed to testify, and whether a child witness's testimony was competent and worthy of belief, were not reviewable on appeal, where such matters had not been raised at trial. Rule 1085. pp. 137, 138, 139 ARREST — <italic>Illegal Arrest Does Not Preclude Trial Or Vitiate</italic><italic>Conviction — No Right To Counsel At Time Of Arrest</italic>. Even if appellant's arrest had been illegal, that would not, in and of itself, preclude a trial or vitiate a conviction. p. 137 There is no constitutional right to counsel at the time of a person's arrest. p. 137 PRELIMINARY HEARING — <italic>No Right To Counsel When No Plea Taken</italic><italic>Or Not Guilty Plea Is Entered</italic>. There is no constitutional right to counsel at a preliminary hearing where no plea is taken or the plea is not guilty. p. 137 EVIDENCE — <italic>Uncertainty Or Contradiction In Courtroom</italic><italic>Identification Goes Only To Weight Of Evidence — Identification</italic><italic>In Non-Jury Trial Is For Judge To Determine</italic>. Any uncertainty or contradiction in a courtroom identification goes only to the weight of the evidence, which is a matter for the fact finder. p. 138 In a trial before the court, identification is for the trial judge to determine and the finding will not be disturbed on appeal in the absence of clear error. p. 138 WITNESSES — <italic>Capacity Of Child To Testify Is Within Discretion</italic><italic>Of Trial Court — Credibility Is Matter For Fact Finder —</italic><italic>Identification Of Single Eyewitness Is Sufficient To Sustain</italic><italic>Conviction</italic>. The capacity of a child to testify is within the sound discretion of the trial court. p. 139<page_number>Page 135</page_number> The credibility of a witness is a matter for the fact finder. p. 139 The positive identification of a single eyewitness, if believed by the trier of facts, is sufficient to sustain a conviction. p. 139 ARMED ROBBERY — <italic>Evidence Sufficient To Sustain Conviction</italic>. There was sufficient evidence to sustain appellant's conviction of armed robbery. p. 139 <italic>Decided February 18, 1969</italic>.