Salfner v. State

Citations

• 84 Md. 299
• 35 A. 885
• 1896 Md. LEXIS 102

Syllabus

<p>Appeals in Criminal Cases—Prosecutions for Fines—Trial of Case Upon Agreed Statement of Facts—Arraignment of Prisoner— Plea to the Indictment—Trader’s License—Selling Goods from Wagon in Cotmty not Covered by License.</p> <p>Under Code, Art. 5, sec. 2, an appeal lies upon questions of law, apparent on the face of the record in prosecutions for the recovery of any penalty, fine or damages. And this provision is not repealed by the Act of 1892, chap. 506, relating to appeals in criminal cases.</p> <p>When, upon an indictment for selling goods without a license, the case is tried before the Court without a jury, upon an agreement of facts, the Court decides as in case of a demurrer, and upon appeal the whole record comes up, and the Court of Appeals reviews the conclusions of law founded upon the admitted facts.</p> <p>It is not necessary that a party indicted for a misdemeanor should be arraigned, but there must be a plea to the indictment or a waiver thereof.</p> <p>When questions of law are submitted under a case stated, there should be an agreement of counsel that the Court shall enter judgment as the law may be found.'</p> <p>Code, Art. 56, secs. 35 and 36, provide that a license must be obtained by traders selling merchandise from the Clerk of the Court for the county in which such selling is carried on, and that such license shall not authorize the holder to carry on any store or fixed place of business for selling in any other county than that in which such license is issued. Held, that a person holding a trader’s license in one city or county is not authorized under it to sell and deliver goods from a wagon in another county, the wagon in such case being a fixed place of business within the purview of the statute.</p>