Duren v. State

Henderson, J.,

filed the following dissenting opinion.

In appeals from the judgment of a court, sitting without a jury in a criminal case, the scope of review on the facts is broader than in a jury case, and not limited to the legal sufficiency of the evidence. Diggins v. State, 198 Md. 504. We must, of course, give weight to findings of disputed fact where credibility is involved. In the instant case, with due allowance for these findings, I think the trial court misconceived the applicable rule of law.

The only act - of negligence relied on by the State was excessive speed. ' After the State’s…