Phipps v. State
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Anne Arundel Co. Tlie appellants wore indicted at the October Term 1862 of tlie Circuit Court for Anne Arundel County, for a violation of sections 1 † and 18, of Article 11, of tbe Code of Public G-eneral Laws, in taking oysters from the “depot” of Benjamin Davis. Tbe traversers demurred to the indictment; the Court below, (Bbewer, J.,) overruled the demurrer, and the verdict being against them, they prosecuted tbis appeal.
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Appeal from tlie Circuit Court for Anne Arundel Co. Tlie appellants wore indicted at the October Term 1862 of tlie Circuit Court for Anne Arundel County, for a violation of sections 1 † and 18, of Article 11, of tbe Code of Public G-eneral Laws, in taking oysters from the “depot” of Benjamin Davis. Tbe traversers demurred to the indictment; the Court below, (Bbewer, J.,) overruled the demurrer, and the verdict being against them, they prosecuted tbis appeal. The cause was argued before Bowie, C. J., and Baetol, and CochiiaN, J. 1. As to the sufficiency of the indictment: 1st. It was incumbent…
1Opinion of the CourtCoohraN, J.
The questions to be considered in this case arise on a demurrer to an indictment for violating the 18th section of Article 71 of the Code. In disposing of the appeal, we are called on to decide: 1st. Whether the 17th and 18th sections of this Article are constitutional: and 2nd. The more general question as to the sufficiency of the indictment founded on them. The 17th section authorizes any citizen of any county bordering on the waters of the State, to locate and appropriate within the waters thereof, any area, not exceeding one acre, for the purpose of depositing and bedding oysters, on…
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