Smith v. State
Court of Appeals of Maryland
Appeal from Circuit Court for Anne Arundel County. At October Term, 1815, of the Circuit Court for Anne Arundel County, James Smith was tried under the Act of 1861, ch. 390, sec. 55, for having sold wine in the City of Annapolis, to a midshipman, under the age of twenty-one years, attached to the United States’ Uaval Academy, and found guilty. At the trial an exception was taken by the traverser to the refusal of the Court to permit a question to be answered by a witness.
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Appeal from Circuit Court for Anne Arundel County. At October Term, 1815, of the Circuit Court for Anne Arundel County, James Smith was tried under the Act of 1861, ch. 390, sec. 55, for having sold wine in the City of Annapolis, to a midshipman, under the age of twenty-one years, attached to the United States’ Uaval Academy, and found guilty. At the trial an exception was taken by the traverser to the refusal of the Court to permit a question to be answered by a witness. This Court did not decide the point thus raised, and the exception is therefore not set out. The traverser appealed.…
1Opinion of the CourtStewart, J.
It appears, that since the trial of this case in the Circuit Court, and pending this appeal, the Act of 1816, ch. 213, has been passed, superseding the Act of 1861, ch. 390, under which the prosecution was instituted; the conviction of the appellant must therefore fail.
Whether considered as an amending or repealing statute, sec. 55 of the Code of Public Local Laws pf Anne Arundel County, as it stood at the time of the prosecution, has been abrogated or modified, in important particulars. There is no law, now in existence, which would enable the Court to pronounce judgment upon the verdict
Pendi…
2Cases cited1 opinion
- Keller v. StateCourt of Appeals of Maryland · 1858
3Cited by12 opinions
- Bell v. MarylandSupreme Court of the United States · 1964
- McClain v. StateCourt of Appeals of Maryland · 1980
- Green v. StateCourt of Appeals of Maryland · 1936
- Montague v. StateCourt of Appeals of Maryland · 1880
- Young v. StateCourt of Special Appeals of Maryland · 1972
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