TOYER v. STATE

[No. 255, September Term, 1958.]

220 Md. 205 (1959)

151 A.2d 730

TOYER v. STATE

Court of Appeals of Maryland.

Decided June 8, 1959.


Attorney(s) appearing for the Case

W. Emerson Brown, Jr., with whom was Milton B. Allen on the brief, for appellant.

Joseph S. Kaufman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, J. Harold Grady, State's Attorney for Baltimore City, and James F. Price, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


PER CURIAM:

Appellant was convicted by a jury of selling a narcotic drug, and as a second offender. The only point pressed on appeal is that the court abused its discretion in declining to grant a motion for a mistrial before the jury was sworn. On July 9, 1958, the appellant was arraigned and pleaded not guilty. When the case came to trial on September 11, 1958, after the court had ruled on several preliminary motions, the clerk stated: "July 9th of this year William...

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