THOMPSON, J., delivered the opinion of the Court.
Glen Grace, the appellant, was convicted of armed robbery by a jury in the Criminal Court of Baltimore, Judge Meyer M. Cardin presiding. The sentence was for a term of fifteen years.
Grace was identified by the victim, a filling station operator, as the person who robbed him at gunpoint. When Grace was apprehended by the policemen, approximately one hour after the robbery, a pistol and a light tan jacket were found in the vestibule in which he was apprehended. The victim identified the gun as being similar to the one used by the robber, and the jacket as being similar to the one that was worn by the robber at the time of the robbery.
It is contended that the trial judge committed error when he refused to grant a mistrial after the prosecutor stated in final argument: "Where did the defendant get the jacket, where did he get the gun * * * where is the explanation — where did he
The Court then stated:
A similar rule was adopted by the Supreme Court of the United States in Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965), but the rule does not apply, where, as here, the thrust of the remark is directed toward the lack of evidence rather than pointed directly at the failure of the accused to testify. In King v. State, 190 Md. 361, 58 A.2d 663 the Court held as proper a statement by the prosecutor that:
In Sizemore v. State, 5 Md.App. 507, 248 A.2d 417 this Court held it was quite proper for the prosecutor to argue that the accused had not put on any evidence to refute the inference created by the possession of recently stolen goods that the possessor was the thief. To the same effect see United States v. Johnson, 337 F.2d 180 (4th Cir.).
In addition, Grace contends the trial judge committed error when he sustained the State's objection to the offer of a police report, which it is alleged, was made in ordinary course of business of the police department, and should have been admitted under the business records statute. Md. Code, Art. 35 § 59. Although the propriety of admitting such a record may be open to question, see Hyman v. State, 4 Md.App. 636, 244 A.2d 616 and United States v. Fabio, 394 F.2d 132 (4th Cir.), we need not meet the problem here because there was no proffer as to the contents of the record. See Austin v. State, 3 Md.App. 231, 238 A.2d 569. Grace's attempt to proffer the record during closing arguments was properly declined by the court in the absence of a showing of clear abuse of discretion. The order of receipt of evidence is a matter that is peculiarly within the discretion of the trial judge. Tingler v. State, 1 Md.App. 389, 392, 230 A.2d 375 and Bacheller v. State, 3 Md.App. 626, 637, 240 A.2d 623.
Judgment affirmed.
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