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ART. IV] JUDICIARY DEPARTMENT. 13
Sec. 60. The General Assembly of Maryland shall have the power
to provide by suitable general enactment (a) for the suspension of sen-
tence by the court in criminal cases; (b) for any form of the indetermi-
nate sentence in criminal cases, and (c) for the release upon parole in
whatever manner the General Assembly may prescribe, of convicts
imprisoned under sentence of crimes.*
ARTICLE IV.
JUDICIARY DEPARTMENT.
Sep. 8.
Where an offence may be punishable by death, either of the parties to
the indictment is entitled to a removal as a matter of right; from an
order refusing a removal, an appeal may be immediately prosecuted
Where, however, the offence is not punishable by death, the right to a
removal only exists where the trial court determines in its discretion
that the suggestion is true or that there is reasonable ground for same;
an appeal only lies from a refusal of a removal in such a case after final
judgment; when only action of lower court will be reversed. Tidewater
Port. Cement Co. v. State, 122 Md. 98.
There is no right of removal in condemnation proceedings; when appli-
cation for removal (even if it otherwise could be granted) comes too late.
Baltimore v. Kane, 125 Md. 336.
This section referred to in deciding that there was no error in trying a
traverser in the petit jury room instead of the court room. Button v.
State, 123 Md. 388.
See notes to article 75, section 102 of the code.
Sec. 12.
See notes to article 33, section 86 of the code.
Sec. 44. There shall be elected in each County, and in the City
of Baltimore, in every second year, one person, resident in said County
or City, above the age of twenty-five years, and at least five years pre-
ceding his election, a citizen of this State, to the office of Sheriff. He
shall hold his office for two years, and until his successor is duly elected
and qualified; shall be ineligible for two years thereafter; shall give
such bond, exercise such powers, and perform such duties as now are
or may hereafter be fixed by law. In case of a vacancy by death, resig-
nation, refusal to serve, or neglect to qualify, or give bond, or by dis-
qualification, or removal from the County or City, the Governor shall
appoint a person to be Sheriff for the remainder of the official term.
[Sec. 44. There shall be elected in each county in every second
year, one person, resident in said county, above the age of twenty-five
years, and at least five years preceding his election, a citizen of the
State, to the office of Sheriff. He shall hold office for two years, and
until his successor is duly elected and qualified; shall be ineligible for
two years thereafter; shall give such bond, exercise such powers and
This section was added by the act of 1914, chapter 453, ratified Nov. 2, 1915.
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