Sanders v. State

Per Curiam. The appellant was convicted by the Criminal Court of Baltimore, without a jury, of storehouse breaking with intent to steal goods of the value of $100 and upwards, for which he was sentenced to imprisonment for a term of 5 years, of storehouse breaking and stealing goods of the value of $5 and upwards, for which he was sentenced to imprisonment for a term of 5 years to run concurrently with the first sentence and of unauthorized use of an automobile, for which he was sentenced to imprisonment for a term of 2 years concurrently with the other sentences. The import of his contentions on appeal is that the evidence was not sufficient to sustain the convictions. There was evidence that about 11:55 P.M. on October 22, 1966 a police officer, off duty but in uniform, was in his personal automobile with another police officer when he observed the appellant and another boy emerging from a broken front window of the Reliable Stores Corporation at 2118-2120 W. Pratt Street.

The scene was well lighted. Each of the boys was carrying a television set. The boys placed the television sets in a 1962 Oldsmobile, one on the rear seat, the other on the floor. When the officers were about 20 feet from the Oldsmobile, the boys saw them and ran.

One officer followed the appellant and after a chase of about 5 blocks, identified himself and fired a warning shot. The appellant continued to run but then fell and was apprehended. The appellant was out of sight of the officer “for an instant at the most.” The television sets were identified as the property of the Reliable Stores Corporation and had ⁴⁸⁶ a