Mitchell v. State

Citations

• 82 Md. 527
• 34 A. 246
• 1896 Md. LEXIS 23

Syllabus

<p>Appeal in Criminal Cases — Attempt to Commit Rape — Cruel and Unusual Punishment — Misdemeanors.</p> <p>No appeal lies. from a sentence of a Court of criminal jurisdiction when no exception to the rulings was taken below, or motion in arrest, or petition filed designating the points of law by the decision of which the appellant is aggrieved.</p> <p>The appellant was convicted below of an attempt to commit rape upon a child uuder circumstances of great atrocity, and was sentenced by the Court to confinement for fifteen years in jail. Held,</p> <p>ist. That this sentence was not a cruel and unusual punishment within the constitutional prohibition.</p> <p>2nd. That the offence of which the appellant was convicted being a misdemeanor, was punishable by fine and imprisonment, in the discretion of the Court.</p>