Legal Opinion

Black v. State

Court of Appeals of Maryland

Decided December 15, 1852PublishedCited by 10 opinions

Error to (he Circuit court for Carroll county.- The plaintiff in error was presented and'indicted for burning a stack of My. The indictment and verdict are sufficiently stated in the opinion of this court. The traverser moved in arrest of judgment. 1st. Because the indictment charges the act to have been done feloniously, and' the act charged is'not a felony. 2nd. The indictment contains no allegation of place where the property charged to have been burned was situate. 3rd.

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Error to (he Circuit court for Carroll county.- The plaintiff in error was presented and'indicted for burning a stack of My. The indictment and verdict are sufficiently stated in the opinion of this court. The traverser moved in arrest of judgment. 1st. Because the indictment charges the act to have been done feloniously, and' the act charged is'not a felony. 2nd. The indictment contains no allegation of place where the property charged to have been burned was situate. 3rd. That the indictment is in other respects informal and insufficient. The court overruled the motion" and sentenced the…

1Opinion of the CourtLe Grand, C. J.

This case comes before us on a writ of error; It appears that the appellant was indicted in Carroll county, for burning a stack of hay. The only count in the indictment on which he was tried is in the following words:

“The jurors of the State of Maryland, for the body of Carroll county, do on their oaths present, that Daniel Black, late of Carroll county aforesaid, yeoman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the twentieth day of December, in the year of our Lord, eighteen hundred and fifty-one, with force and arms at…

2Cases cited1 opinion

  1. Commonwealth v. NewellMassachusetts Supreme Judicial Court · 1810

3Cited by10 opinions

  1. Dutton v. StateCourt of Appeals of Maryland · 1914
  2. Keller v. StateCourt of Appeals of Maryland · 1858
  3. Ross v. LeggettMichigan Supreme Court · 1886
  4. Bowser v. StateCourt of Appeals of Maryland · 1920
  5. Harwood v. MarshallCourt of Appeals of Maryland · 1856

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