Walters v. State

The appellant, Donald L. Walters, the defendant below, was convicted in a trial by the court sitting without a jury on the second count of a criminal information charging assault. He was found not guilty on the first count of the information charging robbery. Walters was sentenced to five years in the Maryland Penitentiary. On this appeal Walters contends by his court appointed counsel, that the evidence was legally insufficient to convict.

In Jacobs v. State, 238 Md. 648, 650, 210 A. 2d 722, 723-724 (1965) we repeated what we have said many times before, that:

“* * * [Wjhere the case is tried…