Legal Opinion

State v. Scarborough

Court of Appeals of Maryland

Decided January 27, 1881PublishedCited by 5 opinions

Appeal from the Circuit Court for Harford County. The appellee was indicted in the Circuit Court for Cecil county for assaulting one Samuel L. Welde with intent to murder. He made a suggestion and affidavit that he could not have a fair and impartial trial in that Court, and thereupon his case was removed to the Circuit Court for Harford .County. In the Court last named, he filed five pleas to the indictment.

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Appeal from the Circuit Court for Harford County. The appellee was indicted in the Circuit Court for Cecil county for assaulting one Samuel L. Welde with intent to murder. He made a suggestion and affidavit that he could not have a fair and impartial trial in that Court, and thereupon his case was removed to the Circuit Court for Harford .County. In the Court last named, he filed five pleas to the indictment. The fifth plea averred that “the pretended grand jury, hy whom the said indictment and the presentment on which the same was founded, consisted and was composed of only twenty-two…

1Opinion of the CourtAlvey, J.

The petition and assignment of error, upon which this case has been brought into this Court, must he dismissed. There is an entire failure to make any such assignment of error as is required hy Rule 1, in respect to Appeals and Writs of Error, 29 Md., 1. The rule requires that the party applying to have the record removed as upon writ of error, shall plainly designate the points or questions of law, hy the decision of which he feels aggrieved; and this Court is forbidden to hear or determine any point or question not thus plainly designated in the petition.

The only assignment of error made in…

2Cases cited1 opinion

  1. Whelan v. CookCourt of Appeals of Maryland · 1868

3Cited by5 opinions

  1. Coblentz v. StateCourt of Appeals of Maryland · 1933
  2. Lynn v. StateCourt of Appeals of Maryland · 1896
  3. Hagenow v. PeopleIllinois Supreme Court · 1900
  4. State v. MadisonCourt of Appeals of Maryland · 1965
  5. State v. MadisonCourt of Appeals of Maryland · 1965

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