Neil v. State

PER Curiam. The Appellant, Marie M. Neil, was tried upon an agreed statement of facts before the Honorable Meyer M. Cardin, sitting in the Criminal Court of Baltimore without a jury, and found guilty of storehouse breaking. She was sentenced to not more than three years in the Maryland Correctional Institution for Women. In this appeal, the sole contention is the legal sufficiency of the evidence to sustain her conviction. ⁶⁶¹ The record indicates that as a result of a number of burglaries, Baltimore City Police officers were “staked out” on the premises of Zepp’s Photo Supply Company during the evening of October 22, 1966.

At approximately 8:50 P.M., an automobile backed into the rear yard of the premises and the Appellant’s co-defendant, Clifton Price, Jr., an employee of Zepp’s, got out of the car. Fairley White, another co-defendant and also an employee of Zepp’s, was observed by the police in the rear seat of the car. Price entered the building by opening the rear door and was apprehended a few seconds later by one of the officers as he began running toward the second floor of the building. Going out to the car, the officer arrested the Appellant, who was sitting in the right hand front seat.

The record further indicates that in the interim, co-defendant White and a third person whose identity remains unknown, left the car and fled from the scene. The Appellant testified that she had met the men earlier that evening in a bar. When the bartender requested her to leave she went to the car with her co-defendants and continued drinking. She further testified that her co-defendants told her that they were going to pick up some girls, and told her nothing about “robbing or going to rob.” The Appellant stated that she was