Legal Opinion

State v. Flannigan

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 14 opinions

Error, to the Circuit Court of Frederick county. The defendant in error was indicted and tried for the murder of Edward Flynn. The indictment contained two counts, both charging murder. The jury rendered a verdict of “ guilty of manslaughter,” which was received and recorded.

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Error, to the Circuit Court of Frederick county. The defendant in error was indicted and tried for the murder of Edward Flynn. The indictment contained two counts, both charging murder. The jury rendered a verdict of “ guilty of manslaughter,” which was received and recorded. The prisoner, by his counsel, then moved to set aside this verdict: 1st. Because it finds the prisoner guilty of manslaughter, and does not find him guilty or not guilty of the higher offence charged in the indictment. 2nd. Because the jury in their said verdict did not find upon all the issues submitted to their finding…

1Opinion of the CourtTuck, J.

In the case of the State vs. Sutton, 4 Gill, 494, the Court of Appeals, quoting from 1 Chit. Crim. Law, 641, said; “With respect to the form in which a verdict should be given which thus partially convicts and acquits, it has been holden that it ought to find specifically not guilty of the higher, and guilty of the inferior charge, and that if it merely find the defendant guilty of the inferior offence, it will be of no avail.” Chitiy refers for this principle to 1 Anderson, 103, 104, and Hawkins cites the same authority. We have examined the case in Anderson and find that the court expressly…

2Cases cited1 opinion

  1. State v. SuttonCourt of Appeals of Maryland · 1846

3Cited by14 opinions

  1. Hagans v. StateCourt of Appeals of Maryland · 1989
  2. Weighorst v. StateCourt of Appeals of Maryland · 1855
  3. Worthington v. StateCourt of Appeals of Maryland · 1901
  4. Hechter v. StateCourt of Appeals of Maryland · 1902
  5. Johnson v. StateSupreme Court of Florida · 1891

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