Sutton v. State

Thompson, J., delivered the opinion of the Court. Clarence James Sutton, the appellant, was convicted in the Circuit Court for Howard County by Judge James Macgill, sitting without a jury, under two indictments each charging forgery, uttering a forged instrument, and obtaining money and chattels by false pretenses. He contends on this appeal that the evidence was insufficient to support the convictions. The evidence adduced at the trial showed that Sutton, on two separate occasions on March 21, 1966, passed checks which he endorsed using the name “. . .

W. Boice” (first name could not be deciphered) on one check and Lawyer W. Boice on the second check. In each instance cash and merchandise were received for the checks. It was proven that Lawyer W. Boice had had his wallet containing his driver’s license stolen in 1965 and that he had not signed the two checks. The appellant was identified by the two victims.

Identification by the victim, if believed, is enough to convict, Jones v. State, 2 Md. App. 356. In a nonjury trial, the judge determines the weight of the evidence and the credibility of the witnesses, Hutchinson v. State, 1 Md. App. 362 , 230 A. 2d 352 , Sadler v. State, 1 Md. App. 383 , 230 A. 2d 372 . ⁶⁴¹ Since Sutton’s conviction was supported by substantial evidence, we are unable to say that the verdict of the trial judge was clearly erroneous, O’Brien v. State, 1 Md.