ROBBERY — Evidence Held Sufficient To Convict — Unshaken Identification By Eyewitness To Crime. p. 607
CRIMINAL LAW — Robbery Case — Claim Of Fatal Variance Without Merit — State Not Confined In Its Proof To Date Alleged In Indictment. pp. 607-608
Decided September 23, 1964.
PER CURIAM.
The appellant, convicted of robbery, challenges the sufficiency of the evidence and claims a fatal variance between the date alleged in the indictment and the date shown in the testimony. We find the evidence sufficient. Although the victim's identification was open to some question, because of an apparent failure to identify on one occasion, there was an unshaken identification by an eyewitness to the crime. The cases make it clear that the State was not confined in its proof to the date alleged in the indictment. Fulton v. State, 223 Md. 531, 532, and cases cited. See also Maryland Rule 712 a, superseding Code (1957), Art. 27, § 606.
Judgment affirmed.