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34 APPEALS AND ERRORS. [ART. V
Appeals from Orphans' Courts.
62.
See notes to sections 40 and 41.
66.
This section is important and should be invariably observed; the omis-
sion of the clerk, however, to note the costs in the record does not affect
the right of the party to whom the costs are awarded to collect such costs.
Marshall v. Marshall, 124 Md. 261.
Costs.
1916, ch. 650.
67A. In all appeals from the courts of law and equity as well as
the Orphans' Court to the Court of Appeals of Maryland there shall
be taxed to those to whom costs may be awarded by the Court of Ap-
peals in any decree, judgment or order in the nature of a judgment
or decree such sum or sums as shall have been expended by the party
or parties to whom costs are awarded for the stenographic report in the
lower court of the proceedings in order to make the record for the
appeal to the Court of Appeals.
Execution.
70.
Execution is issuable out of the Court of Appeals for the enforcement
of any of its judgments; see notes to article 16, section 216. Marshall v.
Marshall, 124 Md. 262.
Appeals in Criminal Cases.
80.
Under this section an appeal brings up for review both the exceptions
and the judgment upon the demurrers. After an acquittal upon a regu-
lar trial, the verdict cannot, on the application of the prosecutor in any
form of proceeding, be set aside and a new trial granted. The Court of
Appeals notices exceptions by the state on the state's appeal only where
the accused has been convicted and has also taken exceptions and appeals;
where, however, defendant has not been tried upon the indictment, or
upon one or more of the counts therein charging different offenses, the
appeal by the state brings up for review the judgment of the lower court
on the demurrers. State v. King, 124 Md. 496.
The proceedings on appeal in criminal cases are the same as in civil
cases. Unless the record discloses the facts upon which the traverser
relies in support of a motion to quash, the rulings of the lower court
cannot be reviewed. Hamilton v. State, 127 Md. 313.
81.
This section referred to in deciding that it is not reversible error, even
in capital cases, not to ask the prisoner if he has any reason to give why
sentence should not be imposed, unless it appears that he was, or may
have been, injured by the omission; this practice, however, recommended.
Button v. State, 123 Md. 382.
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