Swan v. State

The appellaut was indicted in the criminal court of Baltimore city for selling liquor on Sunday. The indictment contained three counts, and in each of them a conviction of a' former offense of like character was set out in order to make the offense by it charged a second offense, and to be punished accordingly. After the testimony was closed, and the case had been argued and submitted to the jury, before retiring for consultation, the jury asked the court whether they could find a verdict for a first offense. In reply, the court instructed the jury “that under the indictment, they could only…