Smith v. State

The traverser has appealed from a sentence imposed upon him after conviction of the crime of bastardy. His appeal is based, first, upon a denial of jurisdiction in the nisi prius court; and, secondly, upon alleged error in the refusal to withdraw a juror and declare a mistrial because of the prejudicial effect of a remark in the argument of the case to the jury; and, thirdly, upon the legal sufficiency of the evidence to convict. The third assignment of error cannot be entertained in a criminal case, because the Constitution of Maryland makes the jury the sole judge of the law and the facts.…