Williams v. State
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Somerset County. The case is stated in the opinion of the Court. First Exception. — Frederick Boye, a witness on the part of the State, testified that on the 21st of November, 1884, on board the oyster boat, Eva, the accused kicked Meyher several times; Meyher then cried out; the captain laughed and wont away; the captain pushed him down twice on that occasion and also hit him; took hold of him by the breast, and struck him several times on…
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Appeal from tlie Circuit Court for Somerset County. The case is stated in the opinion of the Court. First Exception. — Frederick Boye, a witness on the part of the State, testified that on the 21st of November, 1884, on board the oyster boat, Eva, the accused kicked Meyher several times; Meyher then cried out; the captain laughed and wont away; the captain pushed him down twice on that occasion and also hit him; took hold of him by the breast, and struck him several times on the breast. The witness was then asked by the State’s Attorney what was the physical condition of the deceased (Otto…
1Opinion of the CourtRobinson, J.
The prisoner, the captain of an oyster boat, was tried for the murder of Otto Meyher, one of the hands under his employment.
The question presented by the first exception is, whether it was competent for the State to prove, that on the day before the fatal assault, and several days prior thereto, the prisoner had beaten, and otherwise maltreated the deceased? The charge of murder against the prisoner necessarily involved the question of malice, for there must be malice express or implied, to constitute murder. As bearing then upon this question, the evidence was clearly admissible. In the…
2Cited by37 opinions
- Corens v. StateCourt of Appeals of Maryland · 1946
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State v. PorthSupreme Court of North Carolina · 1967
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Quimby v. GreenhawkCourt of Appeals of Maryland · 1934
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