55 Md. 39 | Md. | 1880
delivered the opinion of the Court.
It requires but little to be said in regard to this case. The defendant in error has made a motion to dismiss the
It appears that the indictment was quashed for certain supposed defects, or legal insufficiencies, apparent upon its face, and which would, if the objections taken be well founded, be the proper subject of demurrer. This being so, the Code, Art. 30, sec. 82, provides that “ no indictment or presentment for felony or misdemeanor shall be quashed ” for certain specified causes or defects, “nor for any matter or cause which might have been a subject of demurrer to the indictment or presentment.” The Court, therefore, was plainly in error in its ruling upon the motion to quash. Cowman vs. The State, 12 Md., 250; Maguire vs. The State, 47 Md., 485. The question of the legal sufficiency of the indictment not being before us, we forbear expressing any opinion in regard to it, but shall simply reverse the judgment and remand the case for further proceedings.
Judgment reversed, and cause remanded.