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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1291   View pdf image (33K)
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CRIMES AND PUNISHMENTS 1291

any other person, for the recovery of the money received or property taken,
or the value thereof.

Where money and bonds have been stolen by A from B, E's remedy, is in a civil
action under this section, and not by bill in equity. Fletcher v. Hooper, 32 Md. 213.

An. Code, 1924, sec. 576. 1912, sec. 519. 1904, sec. 460. 1888, sec, 304. 1853, ch. 175, sec. 1.

679. If any person who has removed his trial shall be convicted of any
offense punishable by fine or imprisonment, the court shall (if the sen-
tence be imprisonment) sentence him to confinement in the jail of the
county or city from which such removal took place; and it shall be the duty
of the sheriff of the county or city where such conviction may be,.had to
place the person convicted in the custody of the sheriff of the county or
city in which the indictment was found, together with a certified copy of
the docket entries in the case.

An. Code, 1924, sec. 577. 1912, sec. 520. 1904, sec. 461. 1894, ch. 402, sec. 304A.
1902, ch. 494. 1927, ch. 608.

680. The courts may suspend sentence generally or f or a definite time,
and may make such orders and impose such terms as to costs, recognizance
for appearance, or matters relating to the residence or conduct of the con-
victs as may be deemed proper; and if the convict is a minor, the courts
may also make such orders as to his detention in any care or custody as
may be deemed proper.

In all cases where sentence has been suspended by the Court, the de-
fendant shall have the right to appeal to the Court of Appeals in the same
manner as if sentence or judgment had been entered in said case.

This section does not authorize court, in suspending sentence, to impose payment of
monthly fine or penalty. Appeal. Kelly v. State, 151 Md. 99 (decided prior to act
1927, ch 608).

Suspension of sentence, infant trayersers being paroled in the custody of their fathers,
upheld under this section; appeal dismissed. Symington III. v. State, 133 Md. 453. Cf.
Pritchett v. State, 140 Md. 315.

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

1927, ch. 398.

681. Whenever any person shall have been convicted of any offense
in any of the Courts of Record, of this State, having criminal jurisdiction,
and the judge presiding therein shall not have imposed sentence or shall
have suspended sentence generally or for a definite time or shall have
placed the offender upon probation, or shall have made such other order
and imposed such other terms as he may 'deem proper, and said person
should at any time thereafter be brought before the Court to be sentenced
upon the original charge of his conviction, or for a violation of the terms
and conditions of the order of probation in the case, the judge who may
then be presiding in that particular Court may proceed to sentence the said
person.

Cited in Rahe v. State, 175 Md. 691.

An. Code, 1924, see. 578. 1912, sec. 521. 1906, ch. 536.

682. In all cases where the law prescribing a punishment for crime
fixes a maximum and a minimum penalty therefor, the judge of the Crimi-
nal Court of Baltimore and the several judges of the Circuit Courts of the
counties may, in lieu of the minimum penalty so prescribed, impose a less
penalty of the same character; provided, however, that nothing herein
contained shall be construed as affecting any maximum penalty fixed by


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1291   View pdf image (33K)
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