State v. Phelps
Court of Appeals of Maryland
Error to the Circuit Court for Frederick county. The record in this case shows, that on the 21st of November 1853, a justice of the peace for Frederick county took and-returned to the circuit court for that county the recognizance of the defendant in error, reciting that a certain Ruth Barnes hath charged him on oath with being the father of a male illegitimate child, of which she was delivered on the 6th of August 1847, which charge he denies, and conditioned for his…
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Error to the Circuit Court for Frederick county. The record in this case shows, that on the 21st of November 1853, a justice of the peace for Frederick county took and-returned to the circuit court for that county the recognizance of the defendant in error, reciting that a certain Ruth Barnes hath charged him on oath with being the father of a male illegitimate child, of which she was delivered on the 6th of August 1847, which charge he denies, and conditioned for his appearance before said court at its ensuing term to answer the charge, and to abide and perform such order as shall be-made in…
1Opinion of the CourtEccleston, J.
The reasons assigned in support of the motion in arrest of judgment relate to matters prior to the verdict, and either allege the record to be defective on account of the absence of such proceedings before the magistrate as were required by law, or on account of a variance between the recognizance returned by the magistrate and the indictment. These reasons necessarily assume, not only that the proceedings to whiclx they allude should have taken place, but also that they were necessary parts of the record; for a motion in arrest of judgment must be based upon some error or defect appearing in…
2Cases cited2 opinions
- Oldham v. State ex rel. CrothersCourt of Appeals of Maryland · 1847
- Root v. StateCourt of Appeals of Maryland · 1839
3Cited by6 opinions
- Vonderhorst Brewing Co. v. AmrhineCourt of Appeals of Maryland · 1904
- Barnes v. StateCourt of Appeals of Maryland · 1946
- Sheay v. StateCourt of Appeals of Maryland · 1891
- Gover c. TurnerCourt of Appeals of Maryland · 1868
- McCurdy v. StateCourt of Appeals of Maryland · 1926
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