Legal Opinion

Cochrane v. State

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 29 opinions

Error, to the Circuit Court for Anne Arundel county. The plaintiff in error was indicted and tried as stated in the opinion of this court, and being found guilty, his counsel moved in arrest of judgment, for the following reasons: 1st. Because the offence charged in the indictment is not a crime under the laws of this State for which the prisoner can be punished. 2nd.

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Error, to the Circuit Court for Anne Arundel county. The plaintiff in error was indicted and tried as stated in the opinion of this court, and being found guilty, his counsel moved in arrest of judgment, for the following reasons: 1st. Because the offence charged in the indictment is not a crime under the laws of this State for which the prisoner can be punished. 2nd. Because there can be no judgment rendered against the prisoner on the verdict, but the judgment should be for the defendant. 3rd. Because the prisoner could not, by reason of his poverty, avail himself of the terms on which the…

1Opinion of the CourtLe Grand, C. J.

This case comes before us on a writ of error. It appears from the record that John Cochrane and a certain George Knight, junior, were charged by indictment, found by the grand jury of Howard county, in these words: that they “feloniously, unlawfully and maliciously did set fire to a certain dwelling of William P. Adams." The plaintiff in error was arrested, arraigned and pleaded not guilty, in the circuit court for Howard county; after which, on his suggestion that he could not have a fair trial in Howard county, the case was removed to the circuit court for Anne Arundel county.

When the case…

2Cases cited1 opinion

  1. State v. SuttonCourt of Appeals of Maryland · 1846

3Cited by29 opinions

  1. Boone v. StateCourt of Special Appeals of Maryland · 1968
  2. Neal v. StateCourt of Appeals of Maryland · 1974
  3. Ford v. StateCourt of Appeals of Maryland · 1859
  4. Keller v. StateCourt of Appeals of Maryland · 1858
  5. Briggs v. CommonwealthSupreme Court of Virginia · 1886

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