Legal Opinion

Archer v. State

Court of Appeals of Maryland

Decided December 21, 1876PublishedCited by 15 opinions

Appeal from the Circuit Court for Harford County. The appellant was indicted for an assault with intent to murder. He pleaded not guilty, was tried by a jury and convicted. On the day following his conviction, he moved for a new trial, assigning as reasons for his motion, that the verdict was against the evidence, and that the jury empanneled in the case was improperly and illegally selected and summoned.

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Appeal from the Circuit Court for Harford County. The appellant was indicted for an assault with intent to murder. He pleaded not guilty, was tried by a jury and convicted. On the day following his conviction, he moved for a new trial, assigning as reasons for his motion, that the verdict was against the evidence, and that the jury empanneled in the case was improperly and illegally selected and summoned. And at the time of filing the foregoing motion, he made a motion that the judgment in the case should be arrested; because the jury empanneled in the case had been improperly and illegally…

1Opinion of the Court

Grason, J.',

delivered the opinion of the Court.

After a verdict of conviction in this case, the appellant filed motions for .a new trial and in arrest of judgment, both of which were overruled, and this appeal was taken. The facts which were relied upon by the counsel of the appellant for a reversal of the ruling of the Court below on the motion for a new trial, are contained in a bill of exceptions, and all of them were offered in proof, not during the trial of the indictment, but upon the motion for a new trial. It is very clear that no such bill of exceptions is authorized by law. The Act…

2Cases cited2 opinions

  1. Sittig v. BirkestackCourt of Appeals of Maryland · 1873
  2. Merrick v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871

3Cited by15 opinions

  1. Williams v. StateCourt of Appeals of Maryland · 1982
  2. Wilson v. StateCourt of Appeals of Maryland · 1942
  3. State v. Devers and WebsterCourt of Appeals of Maryland · 1971
  4. Merritt v. StateCourt of Appeals of Maryland · 2001
  5. Meyerson v. StateCourt of Appeals of Maryland · 1942

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