Vincent V. State

During the evening of September 22, 1958, at approximately 11:20 p.m., Henry F. Rinn, the attendant of a gasoline service station located at 5608 Southwestern Boulevard in Baltimore County, was held up and robbed by two men. Rinn testified that he  was preparing to close the station for the night when he was approached by a man who requested a map. The man took the map and was standing on the edge of the Boulevard near the service station with his companion when Rinn approached them. After a short remark or two, one of the men produced a "gun" and he then knew what they were there for; so he took out his wallet and handed it to the man who had the "gun." The two men then tied his wrists behind him and made him lie down on the lavatory floor. Presuming that they had left, he shortly thereafter made his way to a telephone where he called the police. The police soon arrived and cut the shoe strings with which his wrists had been tied. Rinn said that the appellant was not either of the two men by whom he had been accosted. He identified a co-defendant, a certain Edgar E. Flury, as one of the men who had held him up (the second man apparently was named Trapnell, who was confined at Spring Grove awaiting possible trial). Trapnell was the one who had the "gun," and he took the sum of $54.00 from him. He could not tell the exact type of gun that Trapnell was holding because Trapnell used one of the maps to conceal it partially, and Rinn saw it only from the "muzzle end," but he heard it click. He also identified some shoe laces as being similar to those with which he had been tied.