Mitchell v. State
Court of Appeals of Maryland
Appeal from the Criminal Court of Baltimore. The facts are stated in the opinion of the Court. While it is true that the term of imprisonment is in the discretion of the Court, yet a Court could not legally give any term of years for any common law offence.
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Appeal from the Criminal Court of Baltimore. The facts are stated in the opinion of the Court. While it is true that the term of imprisonment is in the discretion of the Court, yet a Court could not legally give any term of years for any common law offence. For instance, an attempt to steal goods under the value of $5 could not be punished by more than eighteen months imprisonment, that being the longest period which the Code allows for the crime of stealing goods under $5 in value. So we claim that while the term of imprisonment is in the discretion of the Court, yet the Court cannot give…
1Opinion of the CourtBryan, J.
John Mitchell was indicted in the Criminal Court of Baltimore on three counts. The first charged that he with force and arms feloniously did carnally know and abuse a certain Elizabeth Roth, who was then and there a woman-child under the age of fourteen years. The second count charged an unlawful, wicked and corrupt attempt to commit this offence. The third charged simply an assault and battery. The traverser pleaded not guilty and the jury convicted him on the second count, but acquitted him on the other two. The Court sentenced him to imprisonment in jail for the term of fifteen years. He…
2Cases cited1 opinion
- Cushwa v. CushwaCourt of Appeals of Maryland · 1853
3Cited by60 opinions
- Dutton v. StateCourt of Appeals of Maryland · 1914
- Walczak v. StateCourt of Appeals of Maryland · 1985
- Lanasa v. StateCourt of Appeals of Maryland · 1909
- Johnson v. StateCourt of Appeals of Maryland · 1975
- Roberts v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 1955
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