Lightfoot v. State

360 A.2d 426 (1976)

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Nature of the Case

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Facts

Three men robbed the attendant who was working in the laundromat. One of them poked a gun in her stomach, and she gave him $77.00 from the cash register and desk drawer, together with $13.00 from her own pocketbook. The two remaining men were standing near the laundromat's security guard, and the other was standing with two customers. Both of these men also displayed guns. Three hours later police observed three men, one of whom matched the description of a participant in the robbery. They went into a tavern, and the officer asked D to come outside. The officer noticed a bulge in his pocket. D had an automatic pistol, and he was then placed under arrest. The attendant, the security guard and one of the customers positively identified D as one of the three armed robbers. D was convicted of attempted robbery with a dangerous and deadly weapon, for which he was sentenced to a term of fifteen years, and of carrying a concealed weapon, for which he received a concurrent term of two years. D appealed; since the State's evidence established a consummated armed robbery, he could not be convicted of attempted armed robbery.' The Court of Special Appeals affirmed his conviction. It held that an accused, charged with both a crime and an attempt to commit may be acquitted of the crime and yet convicted of the attempt where the evidence establishes that the crime was committed. D appealed.