Spencer v. State

Orth, J.,

delivered the majority opinion of the Court.

Thompson and Menchinb, JJ., dissent. Dissenting opinion by Menchinb, J., in which Thompson, J., concurs, at page 269, infra.

Appellant was convicted of assault with attempt to rob on April 11, 1966 in the Criminal Court of Baltimore, Judge Joseph R. Byrnes presiding, without a jury, and was sentenced to imprisonment for a term of two years. This appeal from that judgment raises as the only contention that the evidence was not sufficient to sustain the conviction.

A driver salesman for The Pepsi Cola Company returned to his truck at the corner…