Kares v. State

Per Curiam. The appellant Kares was convicted by Judge William J. O’Donnell, sitting without a jury, of daytime housebreaking and larceny of goods of the value of $100.00 or more. He contends on this appeal that his motion for a continuance was improperly denied and that the State did not meet its burden of proving the value of the goods stolen. Kares broke into the locked apartment of Gerhardt Gibbons and stole a Polaroid camera, model 104, its case, flash attachment and timer, a Sony transister TV and an AM and FM Delmonico clock radio.

Gibbons put a value on each item, the total being $223.35, and gave the dates of purchase, which were fairly recent. His testimony came in without objection. King, the manager of the apartment house, after hearing strange noises upstairs, had seen Kares come down the steps of the building, carrying the stolen articles in a box and, knowing he was not a tenant or regular visitor, intercepted him and, after a struggle, held him. Kares put down the box and broke away.

King caught him and again held him until the police arrived on the scene. The State did not list King’s name on the information as Maryland Rule 717 requires and, on the morning of trial, Kare’s counsel moved for a continuance. Under questioning by the court, counsel said he had not availed himself of Rule 728 ³⁶⁸ a 3 to require the furnishing of “a