|
1278 ARTICLE 27
An. Code, 1924, sec. 547. 1912', sec. 490. 1908, ch. 487.
634. The center of the waters aforesaid shall be deemed to be as rep-
resented on the county maps issued under authority of the Laws of Mary-
land, 1896, Chapter 51, and the Laws of Maryland, 1898, Chapter 129,
and said maps shall be admissible as evidence as to the location of the
boundary or boundaries aforesaid.
An. Code, 1924, sec. 548. 1912, sec. 491. 1908, ch. 487.
635. Certified copies of said county maps shall be filed with the clerks
of the several courts for all the several counties of Maryland, and also
with the Board of County Commissioners of said counties; said maps to
be regarded as official and authoritative.
An. Code, 1924, sec. 549. 1912, sec. 492. 1904, sec. 434. 1888, sec. 282. 1793, ch. 57.
1809, ch. 144, see. 2. 1852, ch. 344.
636. Any person presented or indicted may, instead of traversing the
same before a jury, traverse the same before the court, who shall thereupon
try the law and the facts.
If the facts are spread upon the record, it is the duty of the court to decide ques-
tions of law arising upon them; hence an appeal brings rulings of the court up for
review. Judgment may be entered, although in statement of facts no clause is inserted
making provision for such entry. Davidson v. State, 77 Md. 394.
When an election is made under this section, the court is substituted for the jury
and has the same duties and functions to perform; unless traverser is determined to
be guilty or not guilty, no judgment can be entered, and a mistrial, necessitating a
retrial, results. League v. State, 36 Md. 264.
Acts of 1793, ch. 57, and 1809, ch. 144, held applicable in indictment under local law
prohibiting presence of slaves in stores where liquor was sold. The power of court
under this section held to be conferred for benefit, and to be exercised at election, of
the accused. Technical, joinder of issue, held unnecessary. Rawlings v. State, 2 Md. 214.
This section referred to in holding that admission of evidence of another robbery
in prosecution for murder during robbery, is ground of reversal. Duties, and functions
of court sitting as jury; prejudice. Dobbs v. State, 148 Md. 47.
933, ch. 562.
637. That whenever hereafter in any County of this State, or in the
City of Baltimore, any person is charged with the commission of any mis-
demeanor or misdemeanors, and such person, before indictment by the
Grand Jury of said County or City of Baltimore, makes known his desire
to enter a plea of guilty to such charge or charges in the Circuit Court
of the County or in the Criminal Court of the City of Baltimore, wherever
the said crime is alleged to have, occurred, no indictment or indictments
charging such offense or offenses shall be necessary to be returned by the
Grand Jury of the said County or City of Baltimore; but the State's
Attorney of said County or City of Baltimore may prepare a Criminal
Information or Informations setting forth the charge or charges, and the
defendant shall have the right to enter a plea of guilty thereon and the
Circuit Court of the Counties and the Criminal Court of Baltimore City,
having jurisdiction thereof, shall thereupon proceed to hear any evidence
desired by the said Court and shall pass judgment for the offense or
offenses in the said case or cases.
Provided, however, that nothing in this section shall be construed as to
relate to or change the proceedings in cases of misdemeanor which may
be punishable with death and which said misdemeanors shall be prosecuted,
as heretofore, after presentment and indictment by the Grand Juries of
the Counties of this State or the City of Baltimore.
|
 |