Fenwick v. State
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles County. The case is stated in the opinion of the Court. A party doing an act which is criminal or otherwise ac■cording to the intent or purpose with which it was committed, will, if a competent witness, be allowed to testify as to what was his actual purpose in doing the act.
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Appeal from the Circuit Court for Charles County. The case is stated in the opinion of the Court. A party doing an act which is criminal or otherwise ac■cording to the intent or purpose with which it was committed, will, if a competent witness, be allowed to testify as to what was his actual purpose in doing the act. Roddy vs. Finnegan, 43 Md., 490; 1 Wharton!s Ev., 482 ; 2 Wharton’s Evidence, 955; Hale vs. Taylor, 45 N. H, 405-6-7; Fish vs. Inhabitants of Chester, 8 Gray, 506; Lombard vs. Oliver and others, 7 Allen, 155-7; Norris vs. Morrill, 40 N. H, 395, 401-2; Wheelden vs. Wilson, 44…
1Opinion of the CourtYellott, J.
The appellant was convicted in the Circuit Court for Charles County of an assault with intent to murder, and the only question which seems to have come before this Court by regular procedure, is presented by the bill of exception, from which it appears that the State gave evidence tending to prove that the prisoner, the prosecuting witness and others, were in the yard of the prisoner’s house with an officer, who was about to take a hog from the prisoner under a writ of replevin sued out by the prosecuting witness ; that the prisoner left the yard for an axe, with which, as he returned, he…
2Cases cited1 opinion
- Roddy v. FinneganCourt of Appeals of Maryland · 1876
3Cited by14 opinions
- State v. JenkinsCourt of Appeals of Maryland · 1986
- Wallace v. United StatesSupreme Court of the United States · 1896
- Webb v. StateCourt of Appeals of Maryland · 1952
- Walker v. StateCourt of Appeals of Maryland · 1996
- Gambrill v. SchooleyCourt of Appeals of Maryland · 1902
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