Dorsey v. State

²⁷⁹ Per Curiam. The defendants-appellants were tried in the Criminal Court of Baltimore before the court, sitting without a jury, on an indictment containing four counts, the first of which charged them with burglary. They were found guilty of that offense only and sentenced to imprisonment. They appeal, claiming that the evidence of breaking was insufficient to establish one necessary element of the crime of burglary, and that the evidence as a whole was insufficient to sustain the conviction of either of them.

There was evidence to the effect that a television set was stolen from the residence of one Pryor at about 5 A.M. on June 11, 1962, that entrance had been gained by opening the closed shutters at a window and by raising the partly open window, that one witness, Cosby, saw one defendant pass a television set out of a window of Pryor’s home to the other, that Pryor, after being awakened by his wife who had seen one man inside the window, got to the window in time to see the two defendants with his television set outside and not more than five feet from him, that he pursued the defendants and was joined in the chase by Cosby, that the defendants put down the set and ran, that they were arrested in the neighborhood by police officers a few minutes later, that they were identified later at the police station by Pryor and Cosby and that they were identified by both of them at the trial. There was also testimony that at the station Mrs. Pryor identified Jackson as the man she had seen handing the television set out the window, but she apparently was not called as a witness at the trial. There was some confusion in Pryor’s testimony on cross-examination with regard to his identification