Chandler v. State

Per Curiam. 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 ⁶² ticipant in the hold-up of a tavern in Baltimore at about 9:00 P.M. on April 23, 1963. One of these witnesses was a waitress in the tavern; the other was a patron, named Givens. The appellant stresses the inability of the bartender (who did testify) to identify him as one of the robbers, and the inability of other persons who had been in the tavern at the time of the hold-up to identify him at the police station. They did not testify but their inability to identify Chandler at the police station was shown through the testimony of a police officer.

The defendant also claims that descriptions of the robbers given the police just after the robbery did not fit him. His defense was an alibi. 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