Hayes v. State

This appeal is from a judgment and sentence of twenty years in the Maryland Penitentiary from January 7, 1956, after the appellant had been convicted by Judge Carter, sitting without a jury in the Criminal Court of Baltimore, on the first count of an indictment charging attempted robbery with a dangerous and deadly weapon. The appellant contends that the verdict of the trial court was clearly wrong, because the evidence showed that the pistol used in the attempted robbery was unloaded, and it is contended that an unloaded pistol is not a dangerous or deadly weapon.

The State produced testimony…