336 ARTICLE 5

For a case construing the act of 1884, ch. 132, see Baltimore, etc., Co. v. State, 63
Md. 580.

For cases construing the act of 1872, ch. 316, see Swan v. State, 64 Md. 424; Baltimore,
etc.; Co. v. State, 63 Md. 580; Crouse v. State, 57 Md. 327; Munshower v. State, 56
Md. 518; Johns v. State, 55 Md. 353; Forwood v. State, 49 Md. 539; State v. Carter,
49 Md. 9; Forwood v. State, 49 Md. 537; State v. Shields, 49 Md. 303; Kearney v.
State, 46 Md. 124; Broll v. State, 45 Md. 360; Dulany v. State, 45 Md. 101; Smith v.
State, 44 Md. 533; Wheeler v. State, 42 Md. 570; Deckard v. State, 38 Md. 200.

This section does riot repeal art. 5, sec. 2. Bramble v. State, 88 Md. 687; Salfner
v. State, 84 Md. 301; State v. Williams, 85 Md. 233.

Cited but not construed in Izer v. State, 77 Md. 111; Stout v. State, 76 Md. 319;
State v. Bowers, 65 Md. 364; Chesapeake Club v. State, 63 Md. 450; Maguire v. State,
47 Md. 493; Davis v. State, 38 Md. 35.

This section does not authorize appeals in cases of criminal contempt; no such ap-
peal lies. Ex parte Sturm, 152 Md...125. See sec. 107.

Cited but not construed in Crout v. State, 157 Md. 388.

This section cited but not construed in separate opinion in Heyward v. State, 161
Md. 699.

The fact that this section permits the use of bills of exceptions in criminal cases
does not prohibit the use of methods previously used for bringing facts up to appellate
court. Lee v. State, 163 Md. 56.

Order of court overruling State's demurrer to special pleas of defendant, not being
final judgment, appeal of State held premature and ordered dismissed. State v. Amick,
171 Md. 536.

Cited in Cohen v. State, 173 Md. 220; Callahan v. State, 174 Md. 50.

See sec. 4.

An. Code, 1924, sec. 87. 1912, sec. 81. 1904, sec. 81. 1888, sec. 78. 1878, ch. 40.

87. Whenever any writ of error or appeal shall be brought upon any
judgment, or any indictment, information, presentment, inquisition or
conviction in any criminal case, and the court of appeals shall reverse the
judgment for error in the judgment, or sentence itself, it shall be the duty
of the court of appeals to remit the record to the court below, in order that
such court may pronounce the proper judgment upon such indictment,
information, presentment, inquisition, or conviction; provided, however,
that it shall be the duty of the court in passing any sentence under the pro-
visions of this section to deduct from the term of sentence the time already
served by the prisoner under the previous sentence from the date of his
conviction.

This section grew out of the decision in McDonald v. State, 45 Md. 90. Lynn v.
State, 84 Md. 83.

This section referred to in deciding that it is not reversible error, even in capital
cases, not to ask the prisoner if he has any reason to give why sentence should not
be imposed, unless it appears that he was, or may have been, injured by the omis-
sion; this practice, however, recommended. Dutton v. State, 123 Md. 382.

Case remanded for the entry of a proper judgment, as for a first offense, as provided
in this section. Goeller v. State, 119 Md. 68. Kelly v. State, 151 Md. 101; Klein v.
State, 151 Md. 494.

A remand of the record under this section where an erroneous punishment was im-
posed, held proper. Cochran v. State, 119 Md. 557.

Cited but not construed in Kenny v. State, 121 Md. 123.

This section referred to in Heyward v. State, 161 Md. 699.

An. Code, 1924, sec. 87A. 1933 (Special Sess.), ch. 98.

88. Whenever any writ of error or appeal shall be brought upon any
judgment, or any indictment, information, presentment, inquisition or
conviction in any criminal case, the Court of Appeals shall give judg-
ment without regard to technical errors, defects or exceptions, which do
not affect the substantial rights of the parties.

This section referred to in sustaining indictment under art. 27, sec. 184. State v.
Coblentz, 167 Md. 530.