ART. 5] APPEALS IN CRIMINAL, CASES. 171

error for the purpose of prosecuting the same; provided such appeal or
writ of error be prayed within the time prescribed in this article.

This section apparently grew out of the decision in Goldschmid v.
Meline, 86 Md. 373.

Appeals in Criminal Cases.

1904. art. 5, sec. 80. 1888, art. 5. sec. 77. 1872, ch. 316. 1884, ch. 132.
1886. ch. 169. 1892, ch. 506.

80. The parties to criminal proceedings shall be entitled to bills of
exceptions in the same manner as in civil proceedings, and appeals from
judgments in criminal cases may be taken in the same manner as in
civil cases; but no appeal in a criminal case shall stay execution of
sentence unless the counsel for the accused shall make oath that the
appeal is not taken for delay; and such appeal shall be heard at the
earliest convenient day after the same shall have been transmitted to
the court of appeals; and the accused, upon taking such appeal, shall.
in all cases not punishable by death, or imprisonment in the peni-
tentiary, be entitled to remain on bail, and in other cases not capital,
the court from which the appeal is taken shall have the discretionary
power to admit to bail; provided that nothing herein contained shall be
construed to prohibit the court from requiring additional or greater
bail, pending an appeal, than the accused may already have given before
conviction.

Method of bringing up appeal.

Since the act of 1892, ch. 506, appeals in civil and criminal cases may be
taken in the same manner. On appeal from the granting of a motion to
quash an indictment, the facts upon which the defendant relies should be
spread upon the record by an agreed statement or by a special finding by
the court. In the absence of the facts upon which the Judgment below was
founded, that judgment will be affirmed. State v. Williams, 85 Md. 233.
And see State v. Floto, 81 Md. 602.

No appeal lies when no exceptions were taken, and there is no motion in
arrest or petition designating the points by the decision of which the appel-
lant is aggrieved. Mitchell v. State, 82 Md. 531.

No bill of exceptions is necessary to bring up for review the action of the
court upon demurrers. An appeal brings up the whole record. Kendrick
v. Warren, 110 Md. 76; State v. Mercer, 101 Md. 537; Rasch v. State, 89
Md. 759; Fox v. State, 89 Md. 384; State v. Floto, 81 Md. 602; Taylor v.
State, 79 Md. 136; Avirett v. State, 76 Md. 515.

The act of 1886, ch. 169, held Inapplicable, there being no bill of exceptions
or affidavit. Stevens v. State, 66 Md. 205.

The affidavit.

The record should show that the affidavit prescribed by this section was
made by counsel for the accused, naming him. Neff v. State, 57 Md. 393.
And see Stevens v. State, 66 Md. 205.

As to the purpose and Intent of the affidavit prescribed by the act of 1872,
ch. 316, see Deckard v. State, 38 Md. 200. And see Weir v. State, 39 Md.
434; Rhinehardt v. State, 45 Md. 456.

Generally.

On the state's appeal, the appellate court only notices exceptions by the
state in cases where the accused has been convicted and has also taken
exceptions and appealed. If there be error in the rulings excepted to by
the accused, the court will determine all questions raised by the state, for
the purposes of the new trial. Birkenfeld v. State, 104 Md. 257; State v.
Shields, 49 Md. 306.