Legal Opinion

Broll v. State

Court of Appeals of Maryland

Decided June 23, 1876PublishedCited by 25 opinions

Appeal from the Circuit Court for Anne Arundel County. The appellant was indicted in the Circuit Court for Aune Arundel County, for a violation of the Act of 1874, ch. 181, relating to Oysters.

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Appeal from the Circuit Court for Anne Arundel County. The appellant was indicted in the Circuit Court for Aune Arundel County, for a violation of the Act of 1874, ch. 181, relating to Oysters. The indictment contained six counts; the first, second, third and fourth were abandoned by the State, the fifth and sixth were as follows: 5. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Lewis Broil, of the county aforesaid, on the said second day of October, in the year eighteen hundred and seventy-five, with force and arms, at the county aforesaid, being then…

1Opinion of the CourtGrason, J.

The record in this case shows that, the appellant was indicted in the Circuit Court for Anne Arundel County, for a violation of the second section of the Act of 1874, chap. 181, — Title, “Oysters.” In the bill of exceptions set out in the record, is a memorandum as follows : “ General demurrer filed; joinder in demurrer; demurrer overruled; leave granted to plead.” From this it would appear that there was a demurrer to the indictment. The record however, does not set out the demurrer, and therefore it is not properly before us for review. Wheeler vs. The State, 42 Md., 565. We have however…

2Cases cited1 opinion

  1. Franklin v. StateCourt of Appeals of Maryland · 1858

3Cited by25 opinions

  1. Beard v. StateCourt of Appeals of Maryland · 1889
  2. Dillon v. StateCourt of Appeals of Maryland · 1976
  3. Slansky v. StateCourt of Appeals of Maryland · 1949
  4. Luery v. StateCourt of Appeals of Maryland · 1911
  5. Lansdowne v. StateCourt of Appeals of Maryland · 1980

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