Hammond v. State
Court of Appeals of Maryland
Error, to the Circuit Court for Frederick County. The plaintiff in error was indicted for obtaining goods under false pretences. The indictment described her as a ‘ free negress,” and she pleaded not guilty. At the trial, after witnesses had been examined on the part of. the Slate and thetraverser, the State’s attorney moved to amend the indictment by striking out "free negress” and inserting "the negro slave of Philip Hammond.”
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Error, to the Circuit Court for Frederick County. The plaintiff in error was indicted for obtaining goods under false pretences. The indictment described her as a ‘ free negress,” and she pleaded not guilty. At the trial, after witnesses had been examined on the part of. the Slate and thetraverser, the State’s attorney moved to amend the indictment by striking out "free negress” and inserting "the negro slave of Philip Hammond.” This motion the counsel for the traverser resisted, but the court (Nelson, J.) ordered the amendment to be made, which was done, and the jury rendered a verdict of…
1Opinion of the CourtTuck, J.
The plaintiff in error was described in the indictment as a free negress; at the trial, on the plea of not guilty, it appeared that she was a slave; whereupon the State’s attorney moved the court for leave to amend the indictment according to the fact, which was allowed. The trial proceeded to conviction, when a motion was entered in arrest of judgment and overruled .
The case has been fully presented by the arguments filed, but we have discovered no reason for disturbing the judgment. The Act of 1852, ch. 176, has no application. The first section authorises amendment of the name of the party…
2Cited by14 opinions
- Tennessee v. DavisSupreme Court of the United States · 1880
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Romans v. State of MarylandCourt of Appeals of Maryland · 1940
- In re MurphyWyoming Supreme Court · 1895
- State v. RhodesTennessee Supreme Court · 1922
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