Wallace v. State

PER Curiam. The appellant, Wallace, was tried before a judge of the Criminal Court of Baltimore, sitting without a jury, under an indictment containing five counts, and was convicted on three of them, two of burglary and one of larceny. The first count charged breaking and entering a dwelling house with intent to commit a felony, to wit, to steal goods and chattels therein; the second was similar, except that it charged an intent to commit a misdemeanor, to wit, to steal goods and chattels therein of a value under $100.00; and the fourth count charged larceny of a television set worth $75.00. (In view of the provisions of Sec. 32 of Art. 27 of the Code (1962 Cum.

Supp.) making the penalty the same for daytime burglary of a dwelling house regardless of the value of the goods intended to be stolen, the ⁵¹⁹ use of both of the first two counts and the differentiation between them as to intent to commit a felony and intent to commit a misdemeanor, seems to inject a useless complication. The difference is significant only if the premises broken and entered are a storehouse or something of the sort.) A television set worth $75.00 was stolen from the dwelling in question, and there was evidence from which it was clearly inferable that the front door of the dwelling had been forced between the time of the departure of the defendant and a companion, after a visit to the premises which is admitted, and the time soon after when the television set was stolen. There was also evidence, including admissions by the appellant, to the effect that he had been with the companion above referred to, one Brown, when the