Swann v. State

The appellant was indicted in the Criminal Court of Baltimore for selling liquor'on Sunday. The indictment •contained three counts, and in each of them a conviction of a former offence of like character was set out in order to make the offence, by it charged, a second offence, and to be punished accordingly. After the testimony was closed, and the case had been argued and submitted to the jury, before retiring for consultation the jury asked the Court whether they could find a verdict for a first offence ? In reply, the Court instructed the jury, “that under the indictment they could only…