Graczyk v. State

Per Curiam. The appellant contends that the lower court, which tried the case sitting without a jury, erred in refusing to grant his mo'tions for-judgment of ácquittal, claiming that the evidence was ' insufficient to sustain a verdict of guilty. This Court has repeatedly stated that our function in reviewing the sufficiency of the evidence on an appeal from a conviction 'in' a non-jury criminal case is not whether we might have reached a different result from that of the trial court, but whether the court below had sufficient evidence from which it could be fairly'convinced beyond a reasonable doubt of the defendant’s; guilt of the offense charged. The verdict will not be set aside-on the evidence unless clearly erroneous, and due regard must be given to the opportunity of the trial court to judge ²⁴⁷ the credibility of the witnesses.

If the record shows any evidence, or proper inferences from the evidence upon which the trial court could properly have found the appellant guilty, then its decision was not clearly erroneous. Mason v. State, 225 Md. 74 , 169 A. 2d 445 ; Tasco v. State, 223 Md. 503 , 165 A. 2d 456 . The uncontradicted evidence adduced at the trial shows that a tavern in Baltimore City was broken into on November 14, 1961 between 1:00 a.m. and 2:00 a.m. and that various articles valued in excess of $5 were