Fox v. State
Court of Appeals of Maryland
Appeal from the Criminal Court of Baltimore (Dennis, J.) The indictment in this case was as follows : “The jurors of the State of Maryland for the body of the city of Baltimore, do on their oath present that Michael J. Fox, late of said city, on the twenty-fourth day of September, in the year of our Lord, nineteen hundred, at the city, aforesaid, unlawfully did have in his possession with intent to sell within this State and unlawfully did offer and expose for sale and…
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Appeal from the Criminal Court of Baltimore (Dennis, J.) The indictment in this case was as follows : “The jurors of the State of Maryland for the body of the city of Baltimore, do on their oath present that Michael J. Fox, late of said city, on the twenty-fourth day of September, in the year of our Lord, nineteen hundred, at the city, aforesaid, unlawfully did have in his possession with intent to sell within this State and unlawfully did offer and expose for sale and exchange, and unlawfully did sell and exchange to and with one Charles G. Warner, a certain quantity to wit: Six pounds of a…
1Opinion of the Court
Fowler, J,,
delivered the opinion of the Court.
The traverser was indicted under the Act of 1900, ch. 496, codified as secs. 88 and 90 of Art. 27 of the Code (Supplement 1890-1900, pp. 33 and 34.)
The indictment contains two counts, and although the de murrer goes to the whole of it and to each count thereof, yet no question is seriously made to the first count. It is conceded by the appellant that the first count “ is perhaps properly framed.” We see no objection to it, and none having been pointed out, we conclude that inasmuch as it follows the language of the statute creating the offense, it…
2Cases cited8 opinions
- Cearfoss v. StateCourt of Appeals of Maryland · 1875
- Parkinson v. StateCourt of Appeals of Maryland · 1859
- Davis v. StateCourt of Appeals of Maryland · 1874
- Carroll v. StateCourt of Appeals of Maryland · 1885
- Kearney v. StateCourt of Appeals of Maryland · 1877
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3Cited by2 opinions
- People v. SchwartzCalifornia Court of Appeal · 1937
- Groff v. StateIndiana Supreme Court · 1908