Juratovac v. State

Marbury, C. J., delivered the opinion of the Court. Appellants were found guilty by the Circuit Court for Howard County sitting as a jury, on three counts of an information in which they were charged with breaking in a garage to commit a felony, with feloniously stealing a safe, truck and some money, and with breaking in a garage and stealing the same articles. The charges were made under the provisions of Sections 34 and 35 of Article 27 of the Code. Each of the appellants was sentenced to ten years in the Maryland Penitentiary.

The sole contention made by the appellants is that the conviction was based upon the uncorroborated testimony of two accomplices. The State contends that there is some corroboration, particularly with respect to the appellant Juratovac. Apart from this, the State says that this Court has no authority to look into the question of the sufficiency of the' evidence because, there was no objection to the admission of any of it, nor any ruling of the trial court on such an objection, and the appeal is simply from the verdict and judgment. It has been held in a long line of cases beginning with League v. State, 36 Md. 257 , and running through Swann v. State, 192 Md. 9 , 63 A. 2d 324 and Slansky v. State, 192 Md. 94 , 63 A. 2d 599 , that a court sitting without a jury is, by analogy, in the same position as a jury with respect to the facts in a criminal case.

The trial court is the sole ⁵⁶⁴ and final judge of the sufficiency of the