Davis v. State

Per Curiam. Appellants, after their motions for directed verdicts were denied, were convicted by a jury of robbery with a dangerous or deadly weapon. They urge in this Court that the State did not show that the weapon used was “either dangerous or deadly” and that it was prejudicial error to admit in evidence two bullets found in the pocket of one of the appellants. The testimony was that two men wearing masks entered a drug store in Northwest Baltimore and took bills, checks and coins from the cash register at the point of a gun.

The druggist said one of the men came around the counter “and put a gun in my face.” The druggist’s daughter saw only one man “and he had a gun.” The record is replete with references to the gun and leaves no doubt that the druggist and his daughter were put in fear and coerced into delivering the stolen property by the threat of the use of the gun. The appellants were apprehended a few minutes after the robbery, near the scene. They fled when the police approached. Each had some of the stolen money on his person.

Each admitted in a statement to the police acting as a lookout in the robbery but denied being in the store, claiming that two other men had gone in. It is not necessary for the State, in order to make out a prima facie case of robbery with a dangerous