State v. Boyle
Court of Appeals of Maryland
Writ of Error to the Circuit Court of Howard county. The writ of error in this case was sued out by the State. It appears from the record thereby brought up, that Boyle was indicted at a special term of the Circuit Court for Anne Arundel county, held in May, 1865, for the murder of Thomas H. Watkins, committed on the 25th of March, 1865, and upon his suggestion and affidavit this case was, on the 25th of May, 1865, removed to the Circuit Court for Howard county, to be held…
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Writ of Error to the Circuit Court of Howard county. The writ of error in this case was sued out by the State. It appears from the record thereby brought up, that Boyle was indicted at a special term of the Circuit Court for Anne Arundel county, held in May, 1865, for the murder of Thomas H. Watkins, committed on the 25th of March, 1865, and upon his suggestion and affidavit this case was, on the 25th of May, 1865, removed to the Circuit Court for Howard county, to be held on the first Monday of September then next, for trial. He was then tried and convicted in the Circuit Court for Anne…
1Opinion of the CourtBartol, J.
Two grounds were urged in the argument of this case in support of the motion to quash or dismiss this writ of error. First, on account of defects on the face of the writ. Secondly, because the judgment or determination of the Court below was one from which no writ of error lies. Considering that the first objection was fatal, this Court sustained the motion and ordered the writ to be quashed, and delivered the following opinion:
“It was decided in Buchanan’s case 5 H. & J. 317, that a writ of error may be sued out by the State as well as by the prisoner in a criminal case. The writ is an…
2Cases cited1 opinion
- State v. BuchananCourt of Appeals of Maryland · 1821
3Cited by9 opinions
- Rigor v. StateCourt of Appeals of Maryland · 1905
- Grier v. T.R.S.California Court of Appeal · 1969
- McElroy v. Director of Patuxent InstitutionCourt of Appeals of Maryland · 1956
- Mayor of Annapolis v. HowardCourt of Appeals of Maryland · 1894
- Adams v. MayCourt of Appeals of Maryland · 2001
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