Legal Opinion

Cowman v. State

Court of Appeals of Maryland

Decided July 20, 1858PublishedCited by 6 opinions

Error to the Circuit Court for Anne Arundel county. The plaintiff in error was indicted under the same law as the party in the preceding case, the indictment charging that the traverser “within the corporate limits of the city of Annapolis, did give a certain quantity of spirituous or fermented liquor, to wit,” 1st. Because the evidence in this case clearly showed that the traverser went into a public bar-room, in the city of Annapolis, and invited two minors, under the age…

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Error to the Circuit Court for Anne Arundel county. The plaintiff in error was indicted under the same law as the party in the preceding case, the indictment charging that the traverser “within the corporate limits of the city of Annapolis, did give a certain quantity of spirituous or fermented liquor, to wit,” 1st. Because the evidence in this case clearly showed that the traverser went into a public bar-room, in the city of Annapolis, and invited two minors, under the age of twenty-one years, there present, to drink, which they did, and the traverser paid for what they so drank; that the…

1Opinion of the CourtLe Grand, C. J.

In this case there is no question before tis. The traverser did not demur to the indictment. He had the right to have done so, and if he had exercised it, he would have had an opportunity to have shown, if such was the case, that the act charged agaihst him was, in point of law, no crime whatever. Not having demurred, we cannot relieve him, being prohibited from doing so by the positive language of the act of 1852, ch. 63. Its second section declares, “That no indictment or presentment for felony or misdemeanor shall be quashed, nor shall any judgment upon any indictment for felony or…

2Cited by6 opinions

  1. Cearfoss v. StateCourt of Appeals of Maryland · 1875
  2. Maguire v. StateCourt of Appeals of Maryland · 1878
  3. Thompson v. StateCourt of Appeals of Maryland · 1945
  4. McCurdy v. StateCourt of Appeals of Maryland · 1926
  5. State v. WadeCourt of Appeals of Maryland · 1880

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