Mills v. State
Court of Appeals of Maryland
Appeal as upon Writ of Error, from the Circuit Court for Montgomery County. The case is stated in the opinion of the Court.
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Appeal as upon Writ of Error, from the Circuit Court for Montgomery County. The case is stated in the opinion of the Court. The demurrer to the plea in abatement having been sustained, a plea of not guilty was filed, and upon trial the verdict and judgment being rendered against him, the traverser applied for and obtained an order for the removal of the record to this Court for review as upon a writ of error, and in his application assigned the following reasons; 1st. For error in said Court in striking out defendant’s plea in abatement, pleaded by him after his plea of “not guilty” was…
1Opinion of the CourtPage, J.
The appellant was indicted for rape at the August Term, 1891, of the Circuit Court for Frederick County. He pleaded not guilty, and upon his suggestion and affidavit, the case was removed to the Circuit Court for Montgomery County. At the November Term of that Court, upon leave, he withdrew the plea of not guilty. He thereupon, but without leave, filed a plea in abatement, which the State’s Attorney moved the Court not to receive. The Court refused to receive the plea, because it did not contain all of the facts in connection with the drawing of the jury, which had found the indictment…
2Cases cited4 opinions
- State v. BrownSupreme Court of Minnesota · 1867
- Jones v. StateSupreme Court of Florida · 1882
- Cooper v. StateCourt of Appeals of Maryland · 1885
- State v. GlascowCourt of Appeals of Maryland · 1882
3Cited by6 opinions
- Whittemore v. StateCourt of Appeals of Maryland · 1926
- Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Kisner v. StateCourt of Appeals of Maryland · 1956
- Posey v. StateMississippi Supreme Court · 1905
- Pontier v. StateCourt of Appeals of Maryland · 1908
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