State v. Sutton
Court of Appeals of Maryland
Writ op Error to Baltimore county court. At November term 1845, the grand jury of said county found •a true bill of indictment against the defendant in error, charging him in one count with a rape, and in another count with an assault, with intent to commit a rape.
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Writ op Error to Baltimore county court. At November term 1845, the grand jury of said county found •a true bill of indictment against the defendant in error, charging him in one count with a rape, and in another count with an assault, with intent to commit a rape. The petit jury found the prisoner guilty of the charge as specified in the second count aforesaid, as, The prisoner moved in arrest of judgment, as stated in the opinion of this court, and the county court, (Purviance and Le Grand, A. J.,) delivered the following opinion : The court will briefly state the principles which, in this…
1Opinion of the CourtSpence, J.
The indictment in this case contained two counts: — the first, for a rape; the second, for an assault, with intent to commit a rape. The jury found the prisoner guilty on the second count, namely, of an assault, with intent to commit a rape.
The prisoner’s counsel filed a motion in arrest of judgment, and assigned as the grounds therefor: — 'First, “because the jury have omitted, in their verdict, to find said Sutton guilty, or to acquit him, on the first count of the indictment, by answering to the second count alone, and have thus rendered a defective verdict.”
The second reason assigned in…
2Cited by22 opinions
- Boone v. StateCourt of Special Appeals of Maryland · 1968
- Neal v. StateCourt of Appeals of Maryland · 1974
- Ford v. StateCourt of Appeals of Maryland · 1859
- Simmons v. StateCourt of Appeals of Maryland · 1933
- Manly v. StateCourt of Appeals of Maryland · 1854
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