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BARKSDALE v. STATE

No. 709, September Term, 1971.

15 Md. App. 469 (1972)

291 A.2d 495

EDWARD BARKSDALE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 6, 1972.

Attorney(s) appearing for the Case

Gerald A. Kroop for appellant.

Mary Elizabeth Kurz, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Joseph B. Harlan, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before ORTH, THOMPSON and POWERS, JJ.

ORTH, J., delivered the opinion of the Court.

Because we recognize the difference between the roles of triers of facts and appellate courts, and the terms of Rule 1086, non-jury cases in which we said that the trial court was clearly wrong in its judgment on the evidence have been rare as was prophesied by the Court of Appeals in Edwards v. State, Memorandum on Motion for Reargument, 198 Md. 132, 159-160, and indicated in

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