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Session Laws, 1912
Volume 370, Page 1297   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1297

and a prayer for an appeal under this section to said Criminal
Court shall be construed as a waiver of said right to plead said
former jeopardy, and in the event of such appeal -being so
prayed, the said justice shall forthwith endorse on the com-
mitment the fact of an appeal being prayed, together with a
list of the names and addresses of the witnesses for the State,
and forthwith transmit the papers, together with a copy of the
commitment, with the names and addresses of the witnesses
for the prosecution endorsed thereon, to the office of the clerk
of the Criminal Court of Baltimore, and the said person shall
thereafterward be tried de novo in the Criminal Court of Bal-
timore, in the same manner as if the said case had been Origi-
nally brought before the said court without the necessity of pre-
sentment or indictment by the grand jury; and the said court,
upon said trial de novo, may impose any sentence authorized by .
law to be imposed as punishment for the offense charged irre-
spective of the sentence imposed by the justice of the peace
below, provided, however, that the trial in the Criminal Court
of Baltimore shall be by jury, if demanded by the party charged;
provided further that upon the trial in the Criminal Court of
Baltimore of such appeals under this section, the same fees and
costs shall be taxed in said cases on appeal as would obtain in
like cases where trial is had upon presentment and indictment
by the grand jury; provided, further, that no appeal shall be
prosecuted under this section after payment of the fine or after .
expiration, of the sentence imposed by the justice. And, in case
of appeal prosecuted under this section, the convicted party
shall be entitled to be admitted to bail for his appearance in the
Criminal Court of Baltimore, pending the hearing of such
appeal, upon furnishing surety to be fixed by the said justice
for his appearance in the Criminal Court of Baltimore, or upon
furnishing such surety for his said appearance as the Criminal
Court of Baltimore may require.

SEC. 632B. In all cases in which the convicted person shall
have the right of appeal to the Criminal Court of Baltimore,
under said section 632A, said convicted person personally or
by his agent or attorney may, if committed to jail, notify in
writing warden of the Baltimore City Jail, or if committed to
the House of Correction, the superintendent of the Maryland
House of Correction, of his desire to pray and appeal to the
Criminal Court of Baltimore from the judgment of said justice
of the peace (and no formal prayer for appeal shall be required
beyond a statement in writing indicating an intention on the
part of the said convicted person to appeal from sentence
imposed upon him) ; and upon receipt of said notice or prayer

 

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Session Laws, 1912
Volume 370, Page 1297   View pdf image
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