Weighorst v. State
Court of Appeals of Maryland
Error to the Criminal Court of Baltimore city. The plaintiff in error was indicted for the murder of his wife, and upon this indictment he was tried, and the jury rendered their verdict, as appears by the docket entry thereof, “guilty of murder in the second degree.”
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Error to the Criminal Court of Baltimore city. The plaintiff in error was indicted for the murder of his wife, and upon this indictment he was tried, and the jury rendered their verdict, as appears by the docket entry thereof, “guilty of murder in the second degree.” This entry appears in the record amplified as follows, “that the said Henry Weighorst is guilty of the felony and murder aforesaid above charged and imposed upon him, and that the said felony and murder is murder of the second degree.” The prisoner then moved for a new trial, upon the grounds that the verdict was contrary to law,…
1Opinion of the CourtTuck, J.
The plaintiff in error was indicted and tried for murder. The record, as originally transmitted to this court, shows, that the'jury found him “guilty of the felony and murder aforesaid, above charged and imposed upon him, and that the said felony and murder is murder of the second degree.” It appears, however, by an amendment of the record, that the verdict as rendered and entered on the docket was in these words: “Guilty of murder in the-second degree;” and it is contended that this docket entry must be considered as the verdict of the jury, and that the clerk had no- authority to amplify…
2Cases cited2 opinions
- State v. SuttonCourt of Appeals of Maryland · 1846
- State v. FlanniganCourt of Appeals of Maryland · 1854
3Cited by45 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Gladden v. StateCourt of Appeals of Maryland · 1974
- State v. FaulknerCourt of Appeals of Maryland · 1984
- State v. WardCourt of Appeals of Maryland · 1978
- Hagans v. StateCourt of Appeals of Maryland · 1989
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