Manly v. State
Court of Appeals of Maryland
Error to the Criminal Court of Baltimore city. The plaintiff-in error was indicted at the May term 1851 of Baltimore city court for an assault, with intent to' kill and murder one George Konig, and the indictment contained also a second count for a simple assault and battery upon the same party, at the same time. On' the 10th of July 1851, at the same term and before' the same court, the prisoner made a suggestion and affidavit for the removal of his case for trial.
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Error to the Criminal Court of Baltimore city. The plaintiff-in error was indicted at the May term 1851 of Baltimore city court for an assault, with intent to' kill and murder one George Konig, and the indictment contained also a second count for a simple assault and battery upon the same party, at the same time. On' the 10th of July 1851, at the same term and before' the same court, the prisoner made a suggestion and affidavit for the removal of his case for trial. The record then states, that afterwards, at the May term 1853 of the Criminal Court of Baltimore, to which the said indictment…
1Opinion of the CourtTuck, J.
The present indictment was found in Baltimore city court at May term 1851. The traverser filed a suggestion and affidavit for the removal of the record to an adjoining county. Afterwards, at May term 1853, of the Criminal Court of Baltimore, “the indictment,” (as we are informed by the record,) “having been transferred under and by virtue of the new constitution,” to that court, he obtained leave to withdraw his suggestion and affidavit, and having pleaded not guilty, was convicted and sentenced to the penitentiary.
The first question arises^ on the motion on the part of the State to quash the…
2Cases cited4 opinions
- State v. MaceCourt of Appeals of Maryland · 1853
- State v. SuttonCourt of Appeals of Maryland · 1846
- State v. DashiellCourt of Appeals of Maryland · 1824
- Anderson v. StateCourt of Appeals of Maryland · 1821
3Cited by58 opinions
- Ford v. StateCourt of Appeals of Maryland · 1993
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Berger v. StateCourt of Appeals of Maryland · 1941
- Wilcox v. People ex rel. LipeIllinois Supreme Court · 1878
- Simmons v. StateCourt of Appeals of Maryland · 1933
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