APPEALS AND ERRORS. 31
Appeals in Criminal Cases.

86.

This section does not authorize appeals in cases of criminal contempt; no
such appeal lies. Ex parte Sturm, 152 Md. 125. See sec, 105.

87.

To third and fourth notes to this section, on page 253. vol. 1, of Code, add
Kelly v. State, 151 Md. 101; Klein v. State, 151 Md. 494.

Appeals from County Commissioners.

90.

As to appeals in tax cases, see art. 81, sec. 182, et seq.

Appeals from Justices of the Peace.

92.

This section referred to in upholding right to jury trial under Zoning Ordi-
nance of Baltimore City. State v. Rutherford, 145 Md. 370. See art. 66B.

Appeals in Cases of Contempt.

1927, ch. 357.
105. Any person who has been adjudged in contempt of Court by any

order or judgment, passed to preserve the power or to vindicate the dignity
of the Court, shall have the right to take an appeal from such order or
judgment to the Court of Appeals. If any such alleged contempt be a
direct contempt, alleged to have been committed in the presence of the
Court, or so near to the Court as to interrupt its proceedings, then the
Court passing such order shall sign a formal order to that effect, and the
party aggrieved thereby shall have the right, within five days thereafter,
to enter an appeal therefrom to the Court of Appeals. The record on
appeal in such case shall consist of such order, of affidavits filed by or on
behalf of the party aggrieved, or of affidavits filed by the State's Attorney
in support of the action of the Court, together with any testimony that
such party may desire to offer in support of such affidavits and a written
statement by the judge or judges, passing such order of contempt, of the
facts and circumstances under and by reason of which such order was
passed. If any such alleged contempt be a constructive contempt, alleged
to have been committed not in the presence of the Court, or not so near to
the Court as to interrupt its proceedings, then the Court shall issue a cita-
tion to the person alleged to be in contempt, requiring such person to show

cause why an order adjudging such person in contempt should not be
passed within a time named therein. If no cause is shown, within the
time so named, such order shall be final; but if such person shall answer
and show cause within the time named, then testimony shall be taken and
the matter tried by the Court without a jury. Upon appeal to the Court
of Appeals, in cases of both direct and constructive contempts, the Court
of Appeals shall consider and pass upon the law and the facts and said
Court shall make such order as to it may seem proper, including the right
to reverse or modify the order appealed from. In all such cases, it shall
be the duty of the State's Attorney, either personally or by deputy or
assistant, to prosecute such contempts as though the same were criminal
oases.