Legal Opinion

State v. Benzinger

Court of Appeals of Maryland

Decided June 19, 1896PublishedCited by 20 opinions

Appeal from a pro forma order of the Criminal Court of Baltimore City (Wickes, J.) The appellees were indicted for acting as insurance brokers without having procured a license from the State of Maryland, contrary to the form of the Act of Assembly in such case made and provided.

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Appeal from a pro forma order of the Criminal Court of Baltimore City (Wickes, J.) The appellees were indicted for acting as insurance brokers without having procured a license from the State of Maryland, contrary to the form of the Act of Assembly in such case made and provided. A demurrer to the indictment was filed and the Court passed the following order: “ The demurrer to the indictment in this case having come on for hearing and all 'the premises having been by the Court fully seen and understood, the counsel for both sides having requested the Court to sustain the said demurrer, with…

1Opinion of the CourtFowler, J.

The appellees were indicted in the Criminal Court of Baltimore City for failure to take out licenses as insurance brokers as required by the law of this State.

The controlling, indeed the only question to be considered on this appeal is as to the effect of the Act of 1896, chapter 266. It appears from the title of this act that its sole object was to repeal the Act of 1894, chap. 377, but upon examination of the body of the act we find therein new and affirmative legislation. It was contended by the traversers that while the Act of 1896, chap. 266, is clearly void as being in violation of sec.…

2Cases cited4 opinions

  1. Stiefel v. Maryland Institution for the Instruction of the BlindCourt of Appeals of Maryland · 1884
  2. Campau v. City of DetroitMichigan Supreme Court · 1866
  3. Scharf v. TaskerCourt of Appeals of Maryland · 1891
  4. Whitman v. StateCourt of Appeals of Maryland · 1895

3Cited by20 opinions

  1. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  2. Cromwell v. JacksonCourt of Appeals of Maryland · 1947
  3. Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
  4. Levering v. Park CommissionersCourt of Appeals of Maryland · 1919
  5. State v. RiceCourt of Appeals of Maryland · 1911

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