Davis v. State
Court of Appeals of Maryland
Writ or Error from the Circuit Court for Washington County. The plaintiff in error was indicted in the Circuit Court for Carroll County in manner and form as follows: “The State or Maryland, Carroll County, to wit: The grand jurors of the State of Maryland, for the body of Carroll County, do on their oaths present, that Joseph Davis, late of Carroll County aforesaid, yeoman, on the fifth day of April, in the year of our Lord one thousand eight hundred and seventy-two, with…
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Writ or Error from the Circuit Court for Washington County. The plaintiff in error was indicted in the Circuit Court for Carroll County in manner and form as follows: “The State or Maryland, Carroll County, to wit: The grand jurors of the State of Maryland, for the body of Carroll County, do on their oaths present, that Joseph Davis, late of Carroll County aforesaid, yeoman, on the fifth day of April, in the year of our Lord one thousand eight hundred and seventy-two, with force and arms, at the County aforesaid, in and upon one Abraham L. Lynn, in the peace of God, and of the said State,…
1Opinion of the CourtBowie, J.
The errors assigned as grounds for the reversal of the judgment below, by the plaintiff in error in this case, may be classified as follows:
First. Omissions of material averments in the indictment, necessary to show that the crime with which he was charged was murder in the first degree under the Code of Pub. General Laws.
Secondly. Averments in the record showing the Court below bad no jurisdiction..
Thirdly. Assuming the indictment, verdict and judgment, are held to be good under Art. 30, secs. 137 to 145, *371of the Code of Public General Laws, then those sections are unconstitutional and void.
Th…
2Cases cited4 opinions
- Ford v. StateCourt of Appeals of Maryland · 1859
- Weighorst v. StateCourt of Appeals of Maryland · 1855
- Clare v. StateCourt of Appeals of Maryland · 1869
- Kellenbeck v. StateCourt of Appeals of Maryland · 1857
3Cited by54 opinions
- Evans v. StateCourt of Special Appeals of Maryland · 1975
- Chisley v. StateCourt of Appeals of Maryland · 1953
- State v. SimsWest Virginia Supreme Court · 1978
- Gladden v. StateCourt of Appeals of Maryland · 1974
- State v. FaulknerCourt of Appeals of Maryland · 1984
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