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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1288   View pdf image (33K)
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1288 ARTICLE 27

of any county of this State, it shall not be necessary to set forth a copy of
the said ordinance, or any particular section thereof; but every such indict-
ment or warrant shall be sufficient if it recites the number of the ordinance
alleged to have been violated with the date of its passage, or if the ordi-
nance has been embraced in a codification, if it refers to the number of
the Article and section of such co'dification containing such ordinance, and
conforms to the rules of law governing the framing of indictments or war-
rants for violation of Acts of the General Assembly of this State, and con-
cludes "against the form of the ordinance in such case made and provided,
and against the peace, government and dignity of the State".

Indictments—Murder or Manslaughter.

An. Code, 1924, sec. 563. 1912, sec. 506. 1906, ch. 248.

665. In any indictment for murder or manslaughter, or for being an
accessory thereto, it shall not be necessary to set forth the manner or means
of death. It shall be sufficient to use a formula substantially to the follow-
ing effect: "That A...B., on the————day of————nineteen hundred
and-————, at the county aforesaid, feloniously (wilfully and of delib-
erately premeditated malice aforethought) did kill (and murder) C. D.

As to murder, see sec. 475, et seq.

This section valid and not in violation of art. 21 of the Maryland Declaration of
Rights; adding the word "negligently" to indictment did not affect its validity. Neus-
baum v. State, 156 Md. 149.

Procedure—Indictments—Amendment.

1933 (Special Sess.), chs. 8 and 76.

666. All motions for new trials in criminal cases shall be heard by
the Court in which said motion is pending, or by the Supreme Bench of
Baltimore City in cases of motions for new trials pending in the Criminal
Court of Baltimore City, within ten days after the filing of said motion,
or, in the event an agreed statement of the evidence, or a statement of the
evidence certified by the Judge before whom the case was tried, is filed,
within ten days after, the filing of said statement; provided, however, that
the time for the hearing of any such motion may be extended either by
an agreement in writing, signed by the State's Attorney of the County
or the City of Baltimore, wherein such motion is pending, and by the
defendant or his counsel, or by an order signed by the trial Judge.

Sentence.1

An. Code, 1924, sec. 564. 1912, sec. 507. 1904, sec. 448. 1888, sec. 292. 1737, ch. 2,
1809, ch. 138, sec. 11. 1825, ch. 93.

667. All claims to dispensation from punishment by benefit of clergy
are forever abolished; and every person convicted of any felony hereto-
fore deemed clergyable shall be sentenced to undergo a confinement in the
penitentiary for any time not less than eighteen months nor more than
five years, except in those cases where some other specific penalty is pre-
scribed by this code. And every person who shall be convicted of any
felony heretofore excluded from the benefit of clergy, and not specified in
this code, shall be sentenced to undergo a confinement in the penitentiary
for not less than five nor more than twenty years.

1 See art. 3, sec. 60, Md. Constitution.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1288   View pdf image (33K)
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