Maryland case law › Johnson v. State

Johnson v. State

221 Md. 177 (1959) · Court of Appeals of Maryland
Court of Appeals of MarylandDisposition: Affirmed✓ Good law
HoldingCalvin Johnson was tried before a jury in the Criminal Court of Baltimore on a charge of selling a narcotic drug.

Per Curiam. The defendant-appellant, Calvin Johnson, was tried before ' 178 a jury on a charge of selling a narcotic drug. He was found guilty and had previously been convicted of a narcotic offense. He was sentenced to six years’ imprisonment and appeals. 1 The sole question raised on this appeal is the sufficiency of the evidence to sustain the conviction.

Our review of the facts is limited to determining whether or not there was sufficient evidence from which the trier of facts—in this instance, the jury—could properly draw the conclusion that the accused was guilty, beyond a reasonable doubt, of the offense charged. The weight of the evidence and the credibility of the witnesses were for the determination of the trier of fact. Berry v. State, 202 Md. 62, 67 , 95 A. 2d 319 ; Mazer v. State, 212 Md. 60, 67 , 127 A. 2d 630 , and cases therein cited. See also three still more recent cases in which the rule has been applied—Shockley v. State, 218 Md. 491 , 148 A. 2d 371 ; Bulluck v. State, 219 Md. 67 , 148 A. 2d 433 ; Breeding v. State, 220 Md. 193 , 151 A. 2d 743 .

Here a paid informer employed by the Federal Bureau of Narcotics, who had a criminal record of his own, testified that on a certain day he had purchased a narcotic drug from the defendant with marked money furnished by the Bureau. An agent of that Bureau testified that he had turned the money over to

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