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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1120   View pdf image (33K)
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1120 ARTICLE 27

An. Code, 1924, sec. 87B. 1931, ch. 448, sec. 87B.

91. After examination or inquiry shall have been made and completed
as provided for herein, the State's Attorney may file an Information in
the Criminal Court of Baltimore against the person under investigation
charging him with offense or offenses of desertion and failing to support
his wife or child or both, as the facts may warrant.

And the Court before whom such Information shall have been made is
hereupon empowered, upon the written consent of the person complained
of, to pass an order which shall be subject to change by it, from time to
time, as the circumstances may require, directing the person complained
against to pay a certain sum weekly or monthly for the space of three years
for the support of the wife and child or children, if there be any, as the
case may be, and to release the person complained against on such condi-
tions as the Court may in writing impose.

And it is further provided that should the person named as defendant in
the Information filed as aforesaid, fail or refuse to consent in writing as
aforesaid, and demand a trial on the charge or charges therein made, his
trial shall proceed in the same manner as provided for in the trial of other
persons indicted for desertion or non-support, and the said Information
shall take the place of Presentment and Indictment by the Grand Jury.

Nothing in the above section shall prevent the State's Attorney from
submitting any such case to the Grand Jury for such action as it may deem
proper, instead of proceeding by way of Information.

An. Code, 1924, sec. 87C. 1931, ch. 448, sec. 87C.

92. The State's Attorney is hereby empowered for the purpose of
facilitating the handling of such cases, to issue subpoenas and summonses
requiring the personal attendance of any and all persons other than the
accused in connection with the said examination or inquiry, to be and
appear before the said State's Attorney, Deputy State's Attorney or any
Assistant State's Attorney, as well as to produce any and all documentary
matter in connection with the said examination or inquiry. And the
State's Attorney, Deputy State's Attorney or any Assistant State's At-
torney, may in addition thereto, and the power and authority is hereby
granted, administer oaths and affirmations, examine witnesses and receive
evidence. In case of disobedience to a subpoenas1 or summons, or the con-
tumacy of a witness appearing before the State's Attorney, Deputy State's
Attorney or any Assistant State's Attorney, the State's Attorney may
invoke the aid of the Criminal Court of Baltimore. Such Court may
thereupon issue an order requiring the person subpoenaed to obey the
subpoena and to give evidence and to produce any and all documentary
matter deemed necessary by said Court touching upon the said matter
under investigation or inquiry. In case of a failure or refusal of any
person, firm or corporation to obey the Order of the Court after the report
by the State's Attorney to the Court and the issuance of the Order by the
Court, the service of same upon the witness, such person, firm or corpora-
tion so disobeying or refusing shall be deemed in contempt of Court and
punishable as such, subject to the right of appeal as now provided or
hereafter regulated.

An. Code, 1924, sec. 87D. 1931, ch. 448, sec. 87D.

93. The defendant or person accused or about to be accused by Infor-
mation to be filed by the State's Attorney shall be notified in writing by

1 This way in act.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1120   View pdf image (33K)
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