Blackstone v. State

Orth, J., delivered the opinion of the Court. On 25 January 1968 the appellant was convicted at a court trial in the Circuit Court for Howard County of storehouse breaking with intent to steal goods of the value of $100 or more and grand larceny. Sentence was deferred for pre-sentence investigation. On 7 March concurrent sentences of 4 years were imposed on each conviction.

On 11 March the appellant filed an order of appeal and was released on bail. On 29 May a document was filed entitled “Dismissal of Appeal” and read, “Mr. Clerk: Please dismiss appeal to the Court of Special Appeals of ⁴⁰⁶ Maryland in the above-captioned case.” It was signed by the appellant and his attorney. On 5 June the appellant by his attorney filed a “Motion for New Trial Based on Newly Discovered Evidence.” See Md. Rule 764b2. On 20 June upon hearing had and testimony taken on the motion, it was denied.

Commitment was delivered to the Sheriff of Howard County. On 8 July the appellant in proper person filed a “Motion for Appeal.” On 25 July he was released on bail. See Md. Rule 777. It is not clear from the document filed on 8 July whether the appellant is seeking an appeal from the denial of the motion for a new trial or from the original judgments.

If the former, “[i]n this State a motion for a new trial is addressed to the discretion of the court in criminal as well as civil cases, and from an order overruling such a motion no appeal will lie”, Williams v. State, 204 Md. 55, 66 , at least where, as here, it is not claimed that there was an abuse of discretion. Colter v. State, 219 Md. 190, 191-192 . See Hitchhock v. State, 213 Md. 273 ; Adams v. State, 4 Md. App. 135 . The adoption of Rule