Opinion
[No. 216, October Term, 1949.]
Decided April 12, 1950.
Appeal — None From Refusal of Motion for New Trial — Applies To Criminal Case.
Refusal of a motion for a new trial is not appealable. This rule applied in a criminal case. p. 20
Decided April 12, 1950.
Appeal from Criminal Court of Baltimore City (SMITH, C.J.).
Charles Johnson was convicted of larceny and sentenced to 5 years in the Maryland Penitentiary on December 15, 1947. His petition for a new trial, filed on November 9, 1949, was denied and he appealed.
Appeal dismissed.
Before MARBURY, C.J., and COLLINS, GRASON, HENDERSON and MARKELL, JJ.
The petitioner was convicted of the larceny of $1,500, the property of one Charles Johnson, on December 15, 1947, before Judge J. Abner Sayler, presiding in the Criminal Court of Baltimore City, and sentenced to five years in the Maryland Penitentiary. On November 9, 1949, Ernest E. Wilson, the petitioner, sent a petition praying a new trial in the case, to Judge W. Conwell Smith, Chief Judge of the Supreme Bench of Baltimore City. Judge Smith refused the motion, and the petitioner has appealed to this Court. Refusal of a motion for a new trial is not appealable, and the appeal will, therefore be dismissed.
Appeal dismissed, with costs.