Thornton v. State

Henderson, J., delivered the opinion of the Court. The appellant was tried and found guilty by a jury on the first count of three separate indictments charging robbery with a deadly weapon of one Steve Balog, and the attempted robbery with a deadly weapon of Donald Peacock and James Raynor. He contends (1) that he was not sufficiently identified by his accusers, (2) that the evidence was insufficient to sustain a conviction for robbery with a deadly weapon, (3) that he did not receive a fair trial, and (4) that the trial court erred in instructing the jury. Sometime after 2 A.M. on April 14, 1962, Thornton and seven companions attacked the occupants of another car parked on the public school grounds in Sandy Spring.

Thornton was driving his own car, and had a gun. Thornton pulled in back of the parked car and one of his cronies said, “maybe they have got some money.” Rounds, one of the occupants of Thornton’s car, told the officers that Thornton handed him the gun and told him to keep the victims covered while he, Thornton, robbed them. There was testimony that someone in Thornton’s car pointed a gun and threatened to shoot. The three occupants of the parked car got out and a general melee ensued.

All three were beaten and robbed. The gun was fired several times but ⁵⁴⁴ no one was shot. Thornton drove his group to Washington and purchased refreshments for them. On the first point, the record is devoid of any objection to the extra-judicial identification of Thornton by one of the prosecuting witnesses in this case, so the point is not before us under 'Maryland Rule 885.

Balog testified that he