Legal Opinion

Birkenfeld v. State

Court of Appeals of Maryland

Decided November 5, 1906PublishedCited by 31 opinions

On cross appeal. On a trial for murder where there was no evidence that the deceased threatened any violence to the traverser at the time of the homicide, evidence as to the habits of the deceased in regard to drinking liquor is not admissible. Appeal from the Criminal Court of Baltimore (Harlan, C. J.)

1Opinion of the Court 1

Pearce, J.,

delivered the opinion of the Court. .

This record presents cross appeals from the Criminal Court of Baltimore City. The appellant in No. 25 was indicted for the murder of his brother, and was convicted of murder in the second degree, and sentenced to confinement in the peniten tiary for fifteen years. Two exceptions were taken by the traverser, each of which was to the admission of his own statements as to the reason why he shot his brother on February 27th, 1906.

The traverser was a native of Russia, sixteen years of age, who had been in this country about two years, and who…

Also in this document: Opinion of the Court · Pearce.

2Cases cited7 opinions

  1. State v. ShieldsCourt of Appeals of Maryland · 1878
  2. Nicholson v. StateCourt of Appeals of Maryland · 1873
  3. Franklin v. StateSupreme Court of Alabama · 1856
  4. Green v. StateCourt of Appeals of Maryland · 1903
  5. Ross v. StateCourt of Appeals of Maryland · 1887

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3Cited by31 opinions

  1. Bean v. StateCourt of Appeals of Maryland · 1964
  2. McCleary v. StateCourt of Appeals of Maryland · 1914
  3. Toomer v. StateCourt of Appeals of Maryland · 1910
  4. State v. AdamsCourt of Appeals of Maryland · 2001
  5. Chickachop v. Manpower, Inc.New Jersey Superior Court Appellate Division · 1964

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