Cornish v. State
Court of Appeals of Maryland
Error to the Criminal Court of Baltimore city. The plaintiff in error (a free negro) was indicted for the larceny “of one mouseline-de-laine «dress, of the valpe of two dollars, current money, and one muslin skirt of the value ■of one dollar, current money.”
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Error to the Criminal Court of Baltimore city. The plaintiff in error (a free negro) was indicted for the larceny “of one mouseline-de-laine «dress, of the valpe of two dollars, current money, and one muslin skirt of the value ■of one dollar, current money.” Upon a verdict of guilty ■the court (Stump, J.) sentenced the convict to “be sold at public auction, by the sheriff, for the period of two years and :six months from date, as a slave, out of the State, according to the provisions of the Act of 1858, cb. 324.” To correct this judgment the present writ of error was sued out by the traverser.
1Opinion of the CourtBartol, J.
There is no essential difference between this case and that of Watkins vs. The State, decided at June Term 1859. (14 Md. Rep., 412.)
In Watkins’ case this court reversed the judgment because it was not in conformity with the requirements of the A.ct of Assembly. By the Act of 1858, ch. 324, sec. 1, the punishment prescribed for the offence of which Watkins had been convicted, was, that he should be “sold at public auction as a slave,” for a prescribed period, whereas the judgment of the court was that he should be sold as a slave for five years, “out of the limits of the State.” Considering…
2Cases cited1 opinion
- Watkins v. StateCourt of Appeals of Maryland · 1859
3Cited by1 opinion
- Heyward v. StateCourt of Appeals of Maryland · 1932