Clare v. State
Court of Appeals of Maryland
Whits of Ebkgr to tbe Circuit Court for Baltimore County. Tbe plaintiff in error was indicted for the murder of Henry B. Grove, in tbe Criminal Court of Baltimore, at the May Term of 1866. Tbe indictment contained two counts: both charging tbe offence of murder by shooting with a pistol.
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Whits of Ebkgr to tbe Circuit Court for Baltimore County. Tbe plaintiff in error was indicted for the murder of Henry B. Grove, in tbe Criminal Court of Baltimore, at the May Term of 1866. Tbe indictment contained two counts: both charging tbe offence of murder by shooting with a pistol. To the indictment tbe prisoner pleaded in abatement, substantially as follows: 1st. That the indictment was not found, nor was tbe presentment made by the Grand Inquest of Baltimore city. 2d. That by the 601st section of Article 4, of the Code of Public Local Laws of the State of Maryland, it is provided that…
1Opinion of the CourtStew Art, J.
The writ of error sued out by the plaintiff in error in this case, bearing date the 5th day of December, in the year 1866, is from an interlocutory judgment of the Court below, and is not such final determination from which a writ of error can be rightfully sued out. No writ of error can legally issue until after final judgment below. The further proceedings in the cause below, notwithstanding the issuance of this writ, are not affected thereby. The writ was null and void, and is accordingly dismissed.
Writ dismissed.
The writ of error in a criminal case does not lie until after final judgment.…
2Cases cited4 opinions
- Ford v. StateCourt of Appeals of Maryland · 1859
- State v. ConnerIndiana Supreme Court · 1840
- State v. WilliamsSupreme Court of Alabama · 1837
- Boyington v. StateSupreme Court of Alabama · 1835
3Cited by22 opinions
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Davis v. StateCourt of Appeals of Maryland · 1874
- State v. WetzelWest Virginia Supreme Court · 1914
- Smith v. StateCourt of Appeals of Maryland · 1965
- Green v. StateCourt of Appeals of Maryland · 1882
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