118 A. 652 | Md. | 1922
The judgment in this case was entered in the Circuit Court for Baltimore County on November 15, 1921. It imposed sentence of imprisonment in the penitentiary upon the appellants for a robbery of which they had been found guilty on the preceding day. The appeal was not taken until December 24th. This was nine days after the expiration of the thirty day period prescribed by Rule 23 of this Court for appeals in criminal cases. There is a motion to dismiss the appeal on that ground. It will be necessary to grant the motion (State v. Hardesty,
In Heiskell v. Rollins,
In Dutton v. State,
After the motion for a new trial in the case before us had been disposed of, there was still ample time for an appeal within the period limited by the rule. The appeal could not have been entertained if it had been from the order overruling the motion for a new trial. It was in fact expressly taken from "the judgment passed on the 15th day of November, 1921." As the judgment antedated the appeal more than the prescribed period of thirty days, we cannot avoid the conclusion that the motion to dismiss the appeal should prevail.
Our examination of the record has convinced us that there was no reversible error in any of the rulings which the appellants desired to have us review, and if the appeal had been taken in due time, the judgment would have been affirmed.
Appeal dismissed. *284