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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1903   View pdf image (33K)
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JUSTICES OF THE PEACE. 1903

Justice shall commit him to jail for his appearance at such Court to an-
swer such charge, and shall at once return the recognizance, if there be
one, and all papers and proceedings in such case, including a copy of his
judgment (in appeal cases) together with the name and residence of the
witnesses for the prosecution to the Clerk of said Court, who shall place
such case on the appeal docket of said Court and issue subpoenas for the
witnesses named by the Justice only upon the written order of the State's
Attorney, and the case shall be then tried in said Court on the informa-
tion or warrant. When an appeal shall be taken by the accused after the
execution of sentence has begun, by confinement in jail or the Maryland
House of Correction, the Justice, on sufficient surety being given for the
accused's appearance at Court as hereinbefore required, shall at once trans-
mit an order, reciting this fact to the officer in whose custody he may be,
and directing his discharge, and in default of such surety being given,
the Justice shall send a commitment to the Sheriff of the County, com-
manding him to receive the prisoner and hold him for his appearance at
Court to answer said charge; and on the presentation of a copy of such
commitment by the Sheriff to the officer in whose custody the prisoner
may be, such officer shall at once deliver the prisoner to the Sheriff, and it
shall be the duty of the Sheriffs of the several Counties of this State, upon
receipt of such commitment, to forthwith obtain such prisoner if he be not
in his custody.

Where traverser's counsel says that he will have no investigation before the justice,
but will try the case in, court, and traverser is held for court upon his recognizance
with sureties, it is not necessary that he should have been previously and expressly
informed that he had a right to jury trial. Where circuit court has jurisdiction to
try a case of this character, no appeal lies. Practice in raising the question of
jurisdiction of a court. Although warrant under this section is issued by one justice
of the peace, accused may be tried by another. Green v. State, 113 Md. 454;
Starliper v. State, 126 Md. 297.

This section was intended to confer additional jurisdiction, and not to include all
criminal jurisdiction of justices. The rights conferred by this section are limited to
jurisdiction conferred by it. State v. Ward, 95 Md. 122.

Act of 1878, ch. 415, sec. 10 (conferring jurisdiction upon magistrates to try
vagrants and habitually disorderly persons and commit them to house of correction),
held valid. State v. Glenn, 54 Md. 572; Baum v. Warden of Jail, 110 Md. 583 (in-
volving also sec. 632 of Baltimore city charter).

For cases involving question of whether traverser's waiver of a jury trial was his
free and voluntary act, see Baum v. Warden of Jail, 110 Md. 585; Danner v. State,
89 Md. 228. And see Green v. State, 113 Md. 457.

For cases holding this section as it stood in the Code of 1904, invalid in part,
see Danner v. State, 89 Md. 222; Baum v. Warden of Jail, 110 Md. 584.

This section has no application to prosecutions under art. 56, sec. 204, dealing
with violations of motor vehicle law. Crichton v. State, 115 Md. 427.

As to criminal jurisdiction in general, see art. 27, sec. 541, et seq. See art. 5, sec. 102.

An. Code, sec. 13. 1906, ch. 444.

13. If any person against whom a warrant is issued by a justice of
the peace of the State of Maryland shall escape, go into, reside or be in any
place in the State of Maryland out of the jurisdiction of the justice grant-
ing the warrant, either before or after the issuing thereof, any justice for
the county or any police justice of the city of Baltimore where such per-
son shall so escape or be, upon proof, on oath, of the handwriting of the
justice granting such warrant shall, over his signature, indorse thereon

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1903   View pdf image (33K)
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