BALTIMORE CITY. 1135

appeals from magistrates' decisions, see Danner v. State, 89 Md. 220. As to juris-
diction of magistrates, see Roth v. State, 89 Md. 524.

What constitutes a waiver of jury trial.

Baum r. Warden of City Jail, 110 Md. 579.

If jury trial is prayed, accused must be presented and indicted by grand jury
before trial in criminal court. Callan v. State. 156 Md. 459.

1912, ch. 777.

632A. In all cases in which any person is tried and committed before
any Justice of the Peace assigned to any of the police stations in the City
of Baltimore, and sentenced by him to any imprisonment (other than
imprisonment in default of payment of fines) or to any fine of over $50
(exclusive of costs), he may within ten days after sentence, exclusive of
the day of sentence, pray an appeal to the Criminal Court of Baltimore
upon waiving his right to plead on the trial of said appeal in said Crim-
inal Court, his former jeopardy resulting from his said trial and convic-
tion before said justice, no formal waiver of said right to plead said
former jeopardy shall be necessary; and a prayer for an appeal under
this section to said Criminal Court shall be construed as a waiver of said
right to plead said former jeopardy, and in the event of such appeal being
so prayed, the said justice shall forthwith endorse on the commitment the
fact of an appeal being prayed, together with a list of the names and
addresses of the witnesses for the State, and forthwith transmit the
papers, together with a copy of the commitment, with the names and!
addresses of the witnesses for the prosecution endorsed thereon, to the
office of the Clerk of the Criminal Court of Baltimore, and the said person
shall thereafterward be tried de novo in the Criminal Court of Baltimore,
in the same manner as if the said case had been originally brought before
the said court without the necessity of presentment or indictment by the
grand jury; and the said court, upon said trial de novo may impose any
sentence authorized by law to be imposed as punishment for the offense
charged irrespective of the sentence imposed by the Justice of the Peace
below, provided, however, that the trial in the Criminal Court of Balti-
more shall be by jury, if demanded by the party charged; provided further
that upon the trial in the Criminal Court of Baltimore of such appeals
under this section, the same fees and costs shall be taxed in said case on
appeal as would obtain in like cases where trial is had upon presentment
and indictment by the grand jury; provided, further, that no appeal shall
be prosecuted under this section after payment of the fine or after expira-
tion of the sentence imposed by the justice. And, in case of appeal prose-
cuted under this section, the convicted party shall be entitled to be ad-
mitted to bail for his appearance in the Criminal Court of Baltimore,
pending the hearing of such appeal, upon furnishing surety to be fixed
by the said justice for his appearance in the Criminal Court ef Baltimore,
or upon furnishing such surety for his said appearance as the Criminal
Court of Baltimore may require.

1912, ch. 777.

632B. In all cases in which the convicted person shall have the right
of appeal to the Criminal Court of Baltimore, under said Section 632A,