Crossland v. State

PER Curiam. On December 20, 1966 the appellant was convicted of being a rogue and vagabond in the Criminal Court of Baltimore before Judge James A. Perrott, presiding without a jury. He was sentenced to imprisonment for a term of 2 years from September 2, 1966. On December 21, 1966 he fded a motion for a new trial.

On January 23, 1967 the sentence was “stricken out”, the motion for a new trial was heard and denied and he was sentenced to imprisonment for a term of 18 months from that date. On this appeal he contends that the evidence was not sufficient to sustain the conviction. About 12:30 P.M. on September 1, 1966 a police officer, while patrolling his post, saw the appellant, “walking out the front door of 524 E. 23rd (Street), carrying a portable record player in one hand and a transistor radio in the other.” The appellant -walked east on the opposite side of 23rd Street to Boone Street and proceeded south on Boone Street. The officer went to 524 E. 23rd Street and after receiving “certain information” from the occupant, Mrs. Maggie Shepherd, hailed a taxi and when it arrived at 20th and Boone Streets, he saw the appellant, who placed the record player on the sidewalk and started to walk west on 20th Street.

The officer arrested the appellant and a search of his person disclosed a screwdriver which was stuck in his belt. About 5 y2 minutes had elapsed from the time the officer spoke to Mrs. Shepherd until the appellant was apprehended. Mrs. Shepherd identified the record ⁷²⁴ player as the property of her grandson and stated that it had been in the dining room window of her home on the day it was taken, that she had not given anyone permission to take it, that she did not see the appellant in her house and had never seen him before. There was no evidence of a breaking of the premises.

In Thomas v.