State v. Bowers

Miller, J., delivered the opinion of the Court. George W. Bowers was indicted for violating the Act of 1864, ch. 184, a local law which prohibits the sale of ³⁶⁴ intoxicating liquors within three miles of either of the •churches in the village of Myersville, in Frederick County. He demurred, to the indictment and the Court sustained his demurrer and quashed the indictment. This judgment was rendered on the 10th of March, 1886, and on the 1st of April following, the State sued out a writ of, error to bring the case to this Court for review.

The defendant in error has now moved to dismiss the writ upon the ground that it was nqt taken “'without delay,” under Rule 28, Relating to Appeals. The preceding Rule 27, requires appeals in civil cases to be taken within two months from the date of the judgment, but this Rule 28 provides that “ the aforegoing rule shall not apply to criminal cases, but in all such cases the appeal or writ of error, allowed by law, shall be taken without delay, and the transcript of the .record shall forthwith, or as soon as the same can be made out, be transmitted to the Court of Appeals.” It is very desirable, and for obvious reasons, that criminal cases should be disposed of as speedily as possible after trial, aad that no unnecessary delays should be interposed by appeals or