APPEALS AND ERRORS. 253

Since the act of 1892, ch. 506, the appeal is from the judgment, and the record
includes demurrers and exceptions as in civil cases. Appeal treated as taken from
judgment. Kaefer v. State, 143 Md. 160.

An appeal having been entered on the docket the day judgment was entered, was
in time—a further written order unnecessary; affidavit only stays execution. Smith
v. State, 143 Md. 542.

No appeal lies from the action of the court on a motion for a new trial. Archer v.
State, 45 Md. 460.

This section does not authorize an appeal in habeas corpus cases. Annapolis v.
Howard, 80 Md. 245.

The history of this section traced, beginning with the act of 1872, ch. 316. Avirett
v. State, 76 Md. 514.

For a case construing the act of 1886, ch. 169, see Lamb v. State, 66 Md. 289.

For a case construing the act of 1884, ch. 132, see Baltimore, etc., Co. v. State,
63 Md. 580.

For cases construing the act of 1872, ch. 316, see Swan v. State, 64 Md. 424;
Baltimore, etc., Co. v. State, 63 Md. 580; Crouse v. State, 57 Md. 327; Munshower
v. State, 56 Md. 518; Johns v. State, 55 Md. 353; Forwood v. State, 49 Md. 539;
State v. Carter, 49 Md. 9; Forwood v. State, 49 Md. 537; State v. Shields, 49 Md.
303; Kearney v. State, 46 Md. 424; Broil v. State, 45 Md. 360; Dulany v. State, 45
Md. 101; Smith v. State, 44 Md. 533; Wheeler v. State, 42 Md. 570; Deckard v.
State, 38 Md. 200.

This section does not repeal art. 5, sec. 2. Bramble v. State, 88 Md. 687; Salfner
v. State, 84 Md. 301; State v. Williams, 85 Md. 233.

Cited but not construed in Izer v. State, 77 Md. 111; Stout v. State, 76 Md. 319;
State v. Bowers, 65 Md. 364; Chesapeake Club v. State, 63 Md. 450; Maguire v.
State, 47 Md. 493; Davis v. State, 38 Md. 35.

See sec. 4.

An. Code, sec. 81. 1904, sec. 81. 1888, sec. 78. 1878, ch. 40.

87. Whenever any writ of error or appeal shall be brought upon any
judgment, or any indictment, information, presentment, inquisition or
conviction in any criminal case, and the court of appeals shall reverse the
judgment for error in the judgment, or sentence itself, it shall be the duty
of the court of appeals to remit the record to the court below, in order that
such court may pronounce the proper judgment upon such indictment,
information, presentment, inquisition, or conviction; provided, however,
that it shall be the duty of the court in passing any sentence under the pro-
visions of this section to deduct from the term of sentence the time already
served by the prisoner under the previous sentence from the date of his
conviction.

This section grew out of the decision in McDonald v. State, 45 Md. 90. Lynn v.
State, 84 Md. 83.

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 omis-
sion; this practice, however, recommended. Dutton v. State, 123 Md. 382.

Case remanded for the entry of a proper judgment, as for a first offense, as pro-
vided in this section. Goeller v. State, 119 Md. 68.

A remand of the record under this section where an erroneous punishment was
imposed, held proper. Cochran v. State, 119 Md. 557.
Cited but not construed in Kenny v. State, 121 Md. 123.

Appeals from the Commissioner of the Land Office.

An. Code, sec. 82. 1904, sec. 82. 1888, sec. 79. 1852, ch. 361, sec. 2. 1853, ch. 415, sec. 4.

88. All parties aggrieved by any judgment, final order or determina-
tion in any case affecting the title to lands, made by the commissioner of
the land office, shall have full power and right to appeal from such judg-