State v. Wade
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The defendant in error was, in 1879, one of the officers of registration of the State of Maryland, duly appointed and qualified in and for the thirteenth election district of Baltimore County, and while such officer, he was in December, 1879, indicted in the Circuit Court for said county, for an alleged violation of sec. 12 of the Act of 1876, ch. 249. On the 8th April, 1880, at the call of the case for trial, the defendant…
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Appeal from the Circuit Court for Baltimore County. The defendant in error was, in 1879, one of the officers of registration of the State of Maryland, duly appointed and qualified in and for the thirteenth election district of Baltimore County, and while such officer, he was in December, 1879, indicted in the Circuit Court for said county, for an alleged violation of sec. 12 of the Act of 1876, ch. 249. On the 8th April, 1880, at the call of the case for trial, the defendant moved the Court to quash the indictment on the ground that it -was insufficient in law, and that it was irregular and…
1Opinion of the CourtAlvey, J.
It requires but little to be said in regard to this case. The defendant in error has made a motion to dismiss the *41assignment of errors, because, as be insists, there has been no final judgment of which error could be predicated. The record shows that the indictment was quashed by the Court below upon the motion of the defendant. That was a final termination of the prosecution upon the particular indictment, and the defendant was necessarily discharged from all further proceeding thereon. Whether the State may proceed on another indictment would depend upon the action of a future grand jury.…
2Cases cited2 opinions
- Maguire v. StateCourt of Appeals of Maryland · 1878
- Cowman v. StateCourt of Appeals of Maryland · 1858
3Cited by5 opinions
- State v. JamesCourt of Appeals of Maryland · 2001
- Irvin v. StateCourt of Special Appeals of Maryland · 1974
- Irvin v. StateCourt of Appeals of Maryland · 1975
- State v. BarshackCourt of Appeals of Maryland · 1951
- Dixon v. DixonCourt of Appeals of Maryland · 1913