300 ARTICLE 5

This section gives the appellate court no power to modify criminal sentences, or direct
inferior courts to modify them McDonald v State, 45 Md 97 (See, however, sec 87,
passed to give the court such power )

This section applied Benzmger v Gies, 87 Md 709, McCormick v Deaver, 22 Md
195, Roberts & Co v Robinson, 141 Md 55, Banking & Trust Co v Mitchell 175
Md 73

This section held applicable Howard v Carpenter, 22 Md 26

As to judgments, see art 26, sec 15, et seq

Cited but not construed in Powder Co v Campbell, 156 Md 368

An Code, 1924, sec 18 1912, sec 16 1904, sec 16 1900 ch 367, sec 14A

18 On reversing any judgment or part of a judgment at law where
the case is remanded for a new trial the parties may, by agreement in
writing, submit the said case to the court of appeals for final adjudica-
tion and judgment upon the fact set forth in the record, and upon such
submission the court of appeals shall have power to pass upon all questions
of fact and of law arising in the said case, and to give final judgment
therein, and to enforce said judgment by execution

An Code, 1924, sec 19 1912, sec 17 1904, sec 17 1888, sec 15 1809, ch 153, sec 2

19 If the court shall be of opinion that there appears to be sufficient
matter of substance on any appeal or writ of error, to enable them to pro-
ceed thereon, the same shall not be reversed or dismissed for want of form,
and the court may permit any entry to be made by either party during the
pendency of the appeal, which might have been made by such party after
verdict in the court below, nor shall any judgment or verdict be reversed,
if there be one good count in the declai ation

Matters of form.

The form of a verdict as set out in the record being a clerical misprision, is amendable
by the court of appeals Smith v Morgan, 8 Gill, 140

The award of costs against the state in a judgment is a clerical error which may
be amended under this section State v Turner, 8 G & J 133

For an example of an amendment of a judgment by the court of appeals, see Kent v
Lysles, 7 G & J 78

One good count

If a declaration has one good count, a demurrer which goes to the whole narr, must
be overruled Gunther v Dranbauer, 86 Md 9

Though there be one good count in the declaration, if the plaintiff offers no evidence
to sustain that count, he cannot take judgment Wilson v Mitchell, 3 H & J 94 See
also Noland v Ringgold, 3 H & J 216

Last clause of this section applied Alvey v Hartwig, 106 Md 260, Huffer v Miller,
74 Md 457, Terry v Bright, 4 Md 434, Gordon v Downey, 1 Gill, 52, Kiersted v
Rogers, 6 H & J 286, Hams v Jaffray, 3 H & J 550

The application of the last clause of this section, denied Parks v Griffith, 117 Md 504

Generally

This section permits amendments to cure matters of form, not of substance,
Wood v Grundy, 3 H & J 19, Kiersted v Rogers, 6 H & J 286

This section has no application to indictments in criminal cases Avirett v State,
76 Md 531

For a case within the equity, if not the letter, of this section, and deciding that the
act of 1809, ch 153, precludes an inquiry as to a variance between the writ and a count
in trespass, see Williams v Bramble, 2 Md 319

See notes to sec 17

An Code, 1924, sec 20 1912, sec 18 1904, sec 18 1888, sec 16 1809, ch 153, sec 2

20. All writs of error wherein there shall be any variance from the
original record, or other defect may be amended and made agreeable to
such record.