State v. Fox

The defendant in error was indicted for a violation of sec. 40 of the Act of 1878, ch. 108, which prohibits and punishes as a felony the cutting down of timber and trees in Garrett County. The Court below entered a pro forma judgment sustaining a general demurrer to the indictment, and the record has been brought here for a review of that judgment. The State’s attorney in his petition for the removal of the record as upon writ of error, drawn in pursuance of the First Rule regulating appeals, (29 Md., 1,) alleges that by this judgment the Court decided that the Act of 1878 is…