Symington III v. State

⁴⁵³ Burke, J., delivered the opinion of the Court. The appellants were convicted in the Circuit Court for Baltimore County upon an indictment drawn under Chapter 88 of the Acts of 1892, codified as Section 294, Article 27 of the Code, 3rd Y\olwme. They filed a demurrer to the indictment and this being overruled, they filed two special pleas. Their first plea set up a former acquittal of the offense charged, and the second plea alleged that they had been once in jeopardy for tbe offense for which they were indicted.

The State demurred to each plea, and the Court sustained the demurrer. The traversers then plead not guilty, and a jury by wbicb they were tried found them, guilty. The Court suspended sentence, and paroled each one of the traversers in the custody of his father. From this action of the Court this appeal is taken.

The section of the Code referred to, and under which the Court acted, provides that: “The courts may suspend sentence generally or for a definite time, and may make such orders and impose such terms as to costs, recognizances for appearance, or matters relating to the residence or conduct of the convicts as may be deemed proper; and if the convict is a minor, the courts may also make such orders as to his detention in any care or custody as may be deemed proper.” It is conceded in the case that all of the appellants are minors', and tbe ‘Court had tbe undoubted power to suspend the sentence and parole the traversers in the custody of their respective fathers. This power and discretion are not, and can not be questioned, and having exercised this discretion we