CRIMINAL LAW — Assault With Intent To Rob — Evidence Held Sufficient To Convict — Credibility Of Witnesses For Trier Of Facts — Lack Of Identification Not Found. In the instant prosecution for assault with intent to rob it was held that the evidence was sufficient to convict; that credibility of witnesses was for the trier of facts; and that a claim of lack of identification was without merit. pp. 339-340
Decided October 25, 1960.
PER CURIAM.
The defendants were convicted on a charge of assault with intent to rob. They appeal on the grounds of (i) insufficiency of evidence, (ii) conflicting statements of witnesses, and (iii) lack of positive identification of the defendants.
The evidence showed that the arrest was made at the scene of the crime, that the victim had screamed for help, that he and the two defendants were found together in a doorway when the police arrived in response to his cries for help; that when the police arrived the defendants somewhat hastily returned to the victim some articles of clothing which he said he had just bought nearby. A wallet said to have contained six dollars was not found.
We think the evidence was ample to sustain the convictions. The alleged contradictions were of no consequence and, in any event, the credibility of the witnesses was a matter for the trier of the facts. In the light of the circumstances of the arrest, the alleged lack of identification is without merit.
Judgment affirmed.