48 Md. 175 | Md. | 1878
delivered the opinion of the Court.
Two exceptions were taken to the rulings of the Court below, by which, evidence, proposed to be introduced by the appellant, was excluded from the jury. He offered to prove by the widow ,of the deceased, that her husband was jealous of her, and had charged her with being too intimate with men other than the appellant, and at the time of making said offer, the appellant stated that he would follow up that proof with evidence tending to prove ■ that the killing, for which he was indicted, was the result of a quarrel between the deceased and himself, caused by the former having charged the latter with being too intimate with his wife.
The State’s attorney objected to evidence of the deceased’s jealousy of other men than the prisoner, being given, and the Court sustained the objection; and hence the first exception. By this ruling, it was only the fact that the deceased was jealous of other men than the prisoner that was excluded. And this fact, thus excluded, was inadmissible whether considered by itself, or in con
The general reputation in the neighborhood that the deceased was jealous of his wife, could not possibly furnish any explanation of the circumstances under which his life was taken. It did not tend to show that there had been any quarrel and sudden affray between him and the appellant, or to prove any faGt that could have the effect of reducing the degree of the crime charged in the indictment. It was too remote and uncertain to have any effect whatever upon the determination of the issue to be tried, and it was properly rejected.
After verdict, a motion in arrest of judgment was filed, which was based upon alleged defects in the indictment, and it was overruled. The statute provides that no judgment shall be stayed or reversed for any cause which was the subject for a demurrer, and for this reason alone there was no error in the ruling of the Court upon this motion.
We have however examined the indictment, and find it to be in all respects formal and correct. As this is a case
Rulings affirmed, and cause remanded.
Stewart, J., dissented.