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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5033   View pdf image (33K)
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WICOMICO COUNTY. 5033

justice before whom the case is brought shall, in every such case, inform
the person charged of this right to a jury trial.

1908, ch. 139, sec. 10 (p. 1088).

127. In all prosecutions under this Act, by indictment or otherwise,
it shall not be necessary to state the kind of liquor sold, nor to describe
the place where sold, nor to show the knowledge of the principal to con-
vict for the acts of an agent or servant, nor to state the name of any person
to whom the liquor is sold, but it shall be sufficient to state in that regard
that the act complained of took place in said Wicomico county. The issu-
ance of an internal revenue special tax stamp, or receipt by the United
States, to any person as a wholesale or retail dealer in liquors or in malt
liquors at any place within Wicomico county shall be prima facie evidence
of the sale of intoxicating liquors by such person at such place, or at any
place of business of such person, within such territory where such stamp
or receipt is posted, and at the time charged in any suit or prosecution
under this Act; provided, such time is within the life of such stamp or
receipt.

1908, ch. 139, sec. 11 (p. 1189)

128. (A) If any person makes a sworn complaint or an affidavit before a
justice of the peace having criminal jurisdiction, or judge of the Circuit
Court for said county of Wicomico, particularly describing the house or
place to be searched, and the things to be searched for, that he has reason
to believe and does believe that intoxicating liquor is sold, or kept for the
purpose of being sold or otherwise disposed of in violation of the provi-
sions of this Act, such justice of the peace or judge shall issue his war-
rant to serve criminal process, commanding him to search the premises
described and designated in such complaint and warrant and the appur-
tenances thereof, and if any such shall there be found to take into his
possession and safely keep all intoxicating liquor and the vessels in which
it is contained, if the same shall be found in quantities and under such
conditions as to suggest that it is kept for sale, and all the means used
for the sale of the same, all the paraphernalia or part of the paraphernalia
of a barroom or drinking saloon, and any United States internal revenue
tax receipt for the sale of intoxicating liquor effective for the period of
time covering the alleged offense, and forthwith report in writing all the
facts and make immediate return on said warrant. (B) The warrant for
search shall be directed to the proper officer, and shall show by a copy of
the affidavit inserted therein, or annexed and referred to, or recite all of
the material facts alleged in the affidavit, and particularly describe the
thing to be searched for and the place to be searched. A warrant for search
substantially in the following form shall be sufficient: State of Mary-
land, —————— county. To —————— greeting: Whereas there has been
filed with the undersigned an affidavit, of which the following is a copy:
(Here copy affidavit.) These are, therefore, to command you in the name
of the State of Maryland, together with the necessary and proper assist-

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5033   View pdf image (33K)
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