McMillan v. State

Thompson, J., delivered the opinion of the Court. George McMillan, the appellant, contends that his conviction of armed robbery must be reversed because the State did not prove the allegations in the indictment that he feloniously did rob Irene K. Hale and violently did steal from her forty-five dollars, the property of High’s Dairy Products Division of Capitol Milk Producers Co-operative, Inc., a body corporate t/a High’s Dairy Store. Specifically he contends that the ownership by the corporation was not proven. Since it was not necessary to allege ownership it is obvious that it was not necessary to prove it.

The statutory form of indictment for armed robbery, Md. Code, Art. 27, § 489, as well as the statutory form for robbery, Md. Code, Art. 27, § 487, do not require an allegation of ownership. 1 ⁷⁰¹ The Court of Appeals of Maryland in Lee v. State, 238 Md. 224 , 208 A. 2d 375 , and Sippio v. State, 227 Md. 449, 177 A. 2d 261 held that proof of ownership was not required. This Court made the same holding in Harrison v. State, 3 Md. App. 148 , 238 A. 2d 153 . What the cases do require is that the victim be the owner or have a legal interest or special property in what was stolen as for example be in “lawful possession as bailee.” 2 On the issue of lawful custody of the victim the evidence here was clear and convincing. The testimony of Irene Hale was as follows : “Q. Where are you employed? “A. By High’s Dairy at Eastover Shopping Center. “Q. Is that a corporation? “A. Yes, it is. “Q. How long have you been employed by High’s ? “A. 1 have been with them a little over four years. “Q. Always at Eastover ? “A. No. “Q. Were you so employed on the evening of September 21st, 1966? “A. I was, yes. “Q. Did you have occasion on that evening to see Mr. McMillan? “A. Yes, I did. “Q. Tell the jury, if you will, the occasion of your seeing him that evening. “A. Well, I was working alone.

I had been alone in the store since in the afternoon when the manager left “Q. Who did the money belong to ? “A. To High’s. “Q. That is the same corporation you