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PEARRE v. STATE

[No. 142, September Term, 1964.]

237 Md. 622 (1965)

206 A.2d 249

PEARRE v. STATE

Court of Appeals of Maryland.

Decided January 7, 1965.

Attorney(s) appearing for the Case

Submitted on brief by James A. Gede for the appellant.

Submitted on brief by Thomas B. Finan, Attorney General, Robert F. Sweeney, Assistant Attorney General, Frank H. Newell, III, State's Attorney for Baltimore County, and Richard D. Byrd, Assistant State's Attorney, for the appellee.

The cause was submitted to PRESCOTT, C.J., and HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.

PER CURIAM:

Found guilty in a non-jury trial of breaking into a pharmacy with intent to commit a felony, i.e., larceny, therein, the appellant first contends that the State failed to prove a felonious intent and that therefore the evidence was insufficient to support the conviction.

The State's evidence showed that a motorist, O'Neill, saw two men who "looked suspicious" in front of the closed pharmacy at about...

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