State v. Hodges
Court of Appeals of Maryland
Petition in the nature of a writ of error from the Circuit Court for Baltimore County.
1Opinion of the CourtRobinson, J.
The defendant in error was indicted for receiving stolen goods, knowing them to he stolen.
A demurrer was filed to the indictment, and the Court below sustained the demurrer and quashed the indictment.
A writ of error it is true will not lie until after final judgment, hut the judgment in quashing an indictment is a final judgment. There can he no further proceedings upon the indictment, and although the prisoner may he held to hail to await the further action of the grand jury, yet so far as the pending indictment is concerned, he is entitled to his discharge.
*135There can he no question…
2Cases cited1 opinion
- Hankins v. IngolsIndiana Supreme Court · 1835
3Cited by12 opinions
- Jordan v. StateCourt of Appeals of Maryland · 1965
- Fletcher v. StateCourt of Appeals of Maryland · 1963
- State v. JamesCourt of Appeals of Maryland · 2001
- State v. RichmondSupreme Court of Missouri · 1905
- Irvin v. StateCourt of Special Appeals of Maryland · 1974
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