Jason v. State

Per Curiam. On January 6, 1966, in a non-jury trial in the Criminal Court of Baltimore, the Appellant was convicted of being a rogue and vagabond, in violation of Code (1957), Article 27, Sec. 490. He was sentenced to two years in the Maryland House of Correction. At about 1:45 a.m. on November 7, 1965, two police officers arrived at 7 East Eager Street, Baltimore City, in response to a complaint from residents therein that a prowler was on the permises.

One officer went to the rear of the premises and the other opened the front door and in the hallway on the first floor observed the Appellant tampering with the rear door of the first floor apartment. When questioned by the officer, the Appellant said he was there seeking employment, although he could not give the name of the potential employer he was seeking. In this appeal the Appellant contends that the lower Court erred: (1) In not granting his motion for acquittal at the end of the State’s case and at the conclusion of the entire case; and (2) there was insufficient evidence to warrant the conviction. ¹³⁸ I. At the conclusion of the evidence offered by the State, the Appellant’s motion for judgment of acquittal was denied by the trial court. Thereafter, the Appellant offered testimony in his own behalf.

Under Maryland Rule 755 b the Appellant thereby withdrew his motion. Accordingly, the contention that the trial court erred in not granting the motion for judgment of acquittal at the conclusion of the State’s case is not properly before us. Elliott v. State, 215 Md. 152, 158 (1957). With respect to the Appellant’s contention that the trial Court erred in not granting the motion for judgment of acquittal at the conclusion of the entire case, the record discloses that no such motion was made.

Had the