Opinion
[No. 345, September Term, 1963.]
Decided May 29, 1964.
CRIMINAL LAW — Non-Jury Convictions Of Two Armed Robberies And Attempt To Commit Third — Evidence Held Sufficient To Sustain Convictions — Lower Court Chose To Disbelieve Defendant And To Believe Witnesses For State — Weight Of Evidence, And Credibility Of Witnesses, Are Matters Primarily For Trial Court To Determine, And Convictions Based Upon Such Evidence Will Not Be Set Aside Unless Clearly Erroneous. pp. 129-130
Decided May 29, 1964.
Appeal from the Criminal Court of Baltimore (HARLAN, J.).
Clarence E. Spencer was convicted of two armed robberies and an attempt to commit a third one, by the trial court, sitting without a jury, and from the judgments entered thereon, he appeals.
Affirmed.
The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and MARBURY, JJ.
Morton Edelstein, with whom was Raymond G. Thieme on the brief, for the appellant.
Mathias J. DeVito, Assistant Attorney General, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell, State's Attorney for Baltimore City, and Richard O. Motsay, Assistant State's Attorney, on the brief, for the appellee.
The only question presented on this appeal is whether there was sufficient evidence to warrant the convictions of the appellant of two armed robberies and an attempt to commit a third one.
A store in West Baltimore was held up three times during a period of less than five months. An employee on duty at the store on all three occasions positively identified the appellant as the robber. The arresting officer testified that he shot the appellant in the store on the last occasion. The accused stated that he was shot while he was running across the street and denied having committed any of the crimes.
The lower court, as the trier of facts, chose to disbelieve the appellant and to believe the witnesses for the State. Under similar circumstances, we have repeatedly held that the weight of the evidence and the credibility of witnesses are matters primarily for the trial court to determine, and that convictions based on such evidence will not be set aside unless clearly erroneous. Hursey v. State, 233 Md. 243; Graczyk v. State, 233 Md. 245.
Judgments affirmed.