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Gray v. State

Court of Appeals of Maryland
Dec 10, 1937
195 A. 591 (Md. 1937)

Summary

In Gray v. State, 173 Md. 690 (unreported), 195 A. 591, the general statement that severance is within the discretion of the trial court is made, and this case is cited as authority in the late case of Jones v. State, 185 Md. 481 at page 487, 45 A.2d 350.

Summary of this case from Day v. State

Opinion

[No. 53, October Term, 1937.]

Decided December 10th, 1937.

Criminal Prosecution — Jury — Challenges for Cause — Peremptory Challenges — Examination on Voir Dire.

The larceny of property worth $7.20 being a misdemeanor, one of two persons jointly tried therefor had no right to peremptory challenges of jurors, or to question them for the purpose of peremptory challenge, but was entitled to have submitted to him names of twenty jurors not challengeable for cause, in order to strike his share of four names, and to have the prospective jurors sworn on their voir dire to test their qualifications with a view to challenges for cause.

It was error to deny accused's request, in a misdemeanor case, that prospective jurors be sworn on their voir dire for questions as to possible grounds of challenge for cause, although his counsel's statements tended to show that he had in mind questions for peremptory challenging, his request not being definitely limited to such purpose.

The refusal to grant one of two persons, jointly indicted for larceny, a severance and separate trial, was a ruling in the discretion of the trial court, and not appealable.

Decided December 10th, 1937.

Appeal from the Circuit Court for Anne Arundel County (CLARK, J.).

Criminal proceeding against Luther Gray. From a judgment of conviction, defendant appeals. Reversed.

The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.

Robert Moss, for the appellant.

Roscoe C. Rowe, State's Attorney, and Albert J. Goodman, Special Assistant State's Attorney, with whom were Herbert R. O'Conor, Attorney General, and Charles T. LeViness, III, Assistant Attorney General, on the brief, for the State.


Unreported cases.


Summaries of

Gray v. State

Court of Appeals of Maryland
Dec 10, 1937
195 A. 591 (Md. 1937)

In Gray v. State, 173 Md. 690 (unreported), 195 A. 591, the general statement that severance is within the discretion of the trial court is made, and this case is cited as authority in the late case of Jones v. State, 185 Md. 481 at page 487, 45 A.2d 350.

Summary of this case from Day v. State
Case details for

Gray v. State

Case Details

Full title:LUTHER GRAY v . STATE OF MARYLAND

Court:Court of Appeals of Maryland

Date published: Dec 10, 1937

Citations

195 A. 591 (Md. 1937)
195 A. 591

Citing Cases

Day v. State

In that case, in which the opinion was written by Justice Story on March 12, 1827, the history of the theory…

Williams v. State

The matter therefore was in the discretion of the court. Gray v. State, 173 Md. 690, 195 A. 591; Jones v.…