BAILEY v. STATE

[No. 29, September Term, 1961.]

226 Md. 353 (1961)

173 A.2d 732

BAILEY v. STATE

Court of Appeals of Maryland.

Decided September 22, 1961.


Attorney(s) appearing for the Case

Jack Garretson-Butt, for appellant.

Thomas W. Jamison, III, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, Saul A. Harris and John Paul Rogers, State's Attorney and Assistant State's Attorney for Baltimore City, respectively, on the brief, for appellee.


PER CURIAM:

The only question requiring a decision on this appeal is whether the evidence was legally sufficient to sustain the conviction of the appellant (John W. Bailey, Jr.) for burglary.

When the prosecuting witness woke up about 5:10 a.m., on December 3, 1960, she saw a colored man standing in the living room of her apartment at 1109 St. Paul Street with his back to her. With the aid of the light in the kitchen — located off a wide hall on the...

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