139 A. 355 | Md. | 1927
The question presented is whether a person convicted before a justice of the peace of hunting game without a license, and fined, under the section which makes that a misdemeanor punishable by a fine (article 99, section 102, first enacted Act 1918, ch. 468, sec. 71), has a right of appeal from the *619 conviction and sentence to the circuit court for the county in which the case originated. The appellee here, after having been so convicted and fined before a justice of the peace in Wicomico County, appealed to the circuit court for that county. The State moved that the appeal be dismissed, but its motion was overruled by the court and the appeal entertained; the State then declined to offer testimony on the issue of fact, and the accused was acquitted. The State brings the question before this Court on appeal.
Section 102 of article 99 of the Code provides for trial before a justice of the peace of any person accused of hunting game without a license, but it contains in itself no provision for an appeal from conviction and sentence under it, and, upon a well established principle, if this were the only section of the law to be considered, no appeal having been given by it, none would lie. State v. Ward,
On behalf of the State reference is made to the decision, inState v. Ward,
According to the practice heretofore adopted in such cases, the appeal must be dismissed. Green v. State,
Appeal dismissed.