Rawlings v. State
Court of Appeals of Maryland
Presentment — a motion in arrest of Judgment being over ruled, the defendant prayed an appeal. In this court a motion was made in behalf of the State to dismiss the appeal on the ground that the case could only be brought up by a writ of error. An appeal will lie in a criminal case for a fine or penalty.
1Opinion of the Court
Tuck J.,
delivered the opinion of the court.
A motion is made to dismiss this appeal, because the record was not brought before the court upon a writ of error.
The act of 1785, ch. 87, sec. 6, provides, “that any party or parties aggrieved by any judgment or determination of any county court, in any civil suit, or action, or any prosecution, for the recovery of any penalty, fine, or damages, shall have full power and right to appeal from such judgment or determination, to the general court.” The Court of Appeals decided, in the case of Queen vs. State, 5 Harr. and John., 232, that a party…
2Cited by2 opinions
- Keller v. StateCourt of Appeals of Maryland · 1858
- Salfner v. StateCourt of Appeals of Maryland · 1896