State v. Buchanan
Court of Appeals of Maryland
Error to Harford county court. Tn this case an indict-, -pent was found in Baltimore city court against the defenplants in error; and on their sugges'ion, supported by affidavits, that a fair qnd impartial trial could not be had, &c. the proceedings were removed to Iparford county court for. trial. The indictment is as follows, viz.
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Error to Harford county court. Tn this case an indict-, -pent was found in Baltimore city court against the defenplants in error; and on their sugges'ion, supported by affidavits, that a fair qnd impartial trial could not be had, &c. the proceedings were removed to Iparford county court for. trial. The indictment is as follows, viz. “State of Maryland, city of Baltimore, to wit: The jurors for the state of Maryland for the body of the city of Baltimore, on their oath present, that by an act of congress of the United Scales, passed on the tenth day of April, in the year of our Lord one…
1Opinion of the CourtBuchawust, J.
This case was brought up by a writ of error directed to the judges of Hárjórd county court; and it has been strongly urged, that a writ of error will not He at the instance of the state, in a criminal prosecution, and therefore that the writ in this cáse was improvidently sued out, and ought to be quashed. But it is said in 2 Hale’s P. C.¡ 24'7, the authority of which it is difficult to question, and; indeed we require none higher, “that if A be indicted of murder, or other felony, and plead non cut, and a special; verdict found, and the court do erroneously adjudge it to; be no felony; yet…
2Cases cited4 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- United States v. CoolidgeSupreme Court of the United States · 1816
- Commonwealth v. JuddMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. WardMassachusetts Supreme Judicial Court · 1805
3Cited by103 opinions
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
- Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Davis v. SlaterCourt of Appeals of Maryland · 2004
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