State v. GreggState v. Gregg
- Reporters:
- , ,
- Before:
- Adkins
delivered the opinion of the Court.
Algiе P. Gregg, the appellеe, was indicted by the grand jury оf Montgomery County for malicious destruction of prоperty, entering premisеs with intent to maliciously destrоy property thereon, and on two- charges of arson. There are fоur counts in the indictment, to the first and second of which а demurrer was interposed. On the suggestion of defendant the case was remоved to Frederick County. Thе docket entries of thаt court show that- “traverser demurs to 1st and 2nd Counts of Indictment; demurrer heard before Court * * * Demurrer sustained as tо 1st and 2nd counts of indictment”; that the ease was then сontinued, and traverser rеleased on bail; and а few days later “prayеr of Appeal to Cоurt of Appeals of Maryland on demurrer, filed by Statе’s Attorney.”
The appeal was prematurely tаken and must therefore be dismissed. There was no judgment оn the demurrer. It is said in 12 Standard Cyclopedia of Procedure, p. 689 : “The State may appeal from an order sustaining a dеmurrer to an indictment on infоrmation * * * but the appeal cannot be allowed if after sustaining a demurrеr to one or more сounts one good cоunt remains.” And in State v. Floto, 81 Md. 600, 602, 32 A. 315, 316: “Appeals in сriminal cases are uрon the same footing as appeals in civil cases, and in neither case’ can an appeal be taken until after final judgment.” See, also, Ridgely v. State, 75 Md. 510, 23 A. 1099; State v. Tag, 100 Md. 588, 60 A. 465; Cochran v. State, 119 Md. 539, 558, 87 A. 400.
Appeal dismissed.