Baker v. State

FAILURE TO CHARGE AN OFFENSE

Appellate Review

On appeal from a conviction by a jury in the Circuit Court for Anne Arundel County and sentence of 3 years to run consecutively with a sentence then being served, the appellant for the first time raises the point that the count of the indictment under which he was convicted did not charge an offense. Md. Rule 725b reads:

“Defenses and objections based on defects in the institution of the prosecution or in the indictment, other than that it fails to show jurisdiction in the court or to charge an offense, must be raised by motion before trial. Such…