Legal Opinion

Mohler v. State

Court of Appeals of Maryland

Decided April 9, 1913PublishedCited by 14 opinions

Appeal from the Circuit Court for Prince George’s County (Beall, J.). The traverser having been indicted for malfeasance in office, and found guilty, was sentenced by the Court to be removed from the office of Constable; the traverser appealed.

1Opinion of the CourtConstable, J.

The appellant, a constable, having been indicted for malfeasance in office, filed a demurrer to1 the indictment. The Court below overruled the demurrer, and upon his plea of “not guilty” he was convicted and sentenced, under section 42 of Article 4 of the Constitution, to removal from office.

The appeal presents only the question of the sufficiency of the indictment.

The indictment contains but one count, and the main contention of the appellant is that there are two or more separate and distinct offenses embraced in it, and therefore it is bad on account of duplicity.

The" indictment alleged…

2Cited by14 opinions

  1. Robinson v. StateCourt of Appeals of Maryland · 1999
  2. Romans v. State of MarylandCourt of Appeals of Maryland · 1940
  3. Cooksey v. StateCourt of Appeals of Maryland · 2000
  4. Ayre v. StateCourt of Special Appeals of Maryland · 1974
  5. State v. CarterCourt of Appeals of Maryland · 2001

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