McNeil v. State

HsndjJrson, J., delivered the opinion of the Court. The appellant, convicted of breaking and entering a tavern with intent to steal goods worth at least $100, contends that there was insufficient evidence to support the conviction and to support a finding of felonious intent. ³⁰⁰ The tavern in question had been closed for business and locked up on February 7, 1961. The proprietor testified he visited the tavern on February 28, 1961, and found everything in order. Upon his next visit, March 4, 1961, he found that the cellar window had been broken out, the safe had been severely damaged, various coin-machines, a juke box, and a cigarette machine had been broken into and rifled, and eleven whiskey bottles had been taken from the shelves.

A police officer testified that he found a partially empty beer bottle beside the safe from which he obtained a finger print. An expert testified that this finger print was that of the accused, and that it had been left on the bottle not more than 18 hours prior to March 4, 1961. We think the evidence was sufficient to support the inference drawn by the trial court, that the appellant left the bottle near the safe, in the light of positive testimony by the proprietor that the bottle was not there upon his previous visit. Cf.

Debinski v. State, 194 Md. 355, 359 , and Breeding v. State, 220 Md. 193, 199 . See also the