Legal Opinion

State v. Williams

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 11 opinions

Error to the Circuit Court for Charles county. The defendant in error was indicted for the forgery of a constable’s bond, and pleaded non cul. After the jury was sworn the State’s attorney moved to quash the indictment, which the court, (Crain, J.,) refused to do, and the traverser was acquitted. The case was brought up by writ of error, sued out by the State.

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Error to the Circuit Court for Charles county. The defendant in error was indicted for the forgery of a constable’s bond, and pleaded non cul. After the jury was sworn the State’s attorney moved to quash the indictment, which the court, (Crain, J.,) refused to do, and the traverser was acquitted. The case was brought up by writ of error, sued out by the State. On the bond was the following endorsement: “Approved by the commissioners of Charles Co., this 8th day of July 1851. — Test, James McCormac, clerk.” In the progress of the trial the defendant’s counsel raised the objection that it was…

1Opinion of the CourtTuck, J.

This is an indictment against the defendant in error for forging a constable’s bond. Tt appears that after the jury *84had been sworn, and the party was upon trial on the plea of not guilty, the State’s attorney entered a motion to quash the indictment, which was overruled, and the party acquitted.

The record does not disclose any ground for the motion, or reason for the action of the court. We are informed, however, in the written argument of the State’s attorney, that the court had decided, on a prayer by the counsel for the prisoner, that he was entitled to a verdict of acquittal, because the…

2Cases cited2 opinions

  1. State v. SuttonCourt of Appeals of Maryland · 1846
  2. Bruce v. CookCourt of Appeals of Maryland · 1834

3Cited by11 opinions

  1. Boone v. StateCourt of Special Appeals of Maryland · 1968
  2. People v. HardingMichigan Supreme Court · 1884
  3. Block v. StateCourt of Appeals of Maryland · 1979
  4. State v. BeachIndiana Supreme Court · 1897
  5. Stearns v. StateCourt of Appeals of Maryland · 1895

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