ART. 5.] IN CRIMINAL CASES. 45

the party tendering such bill of exceptions may appeal from such
ruling or determination to the court of appeals; provided, that,
the counsel for the accused shall make oath that such appeal is
not taken for delay; and such appeal shall be heard by the court
of appeals at the earliest convenient day after the same shall be
transmitted to said court; and after such appeal shall be entered,
no judgment shall be rendered against the accused, in case he
shall be found guilty, until the court of appeals shall have deter-
mined upon the exception; and the accused, if convicted, shall
not be entitled to remain on bail until the case is remanded from
the court of appeals, except in cases in which the punishment is
fine or confinement in jail, or confinement in jail or penitentiary,
in the discretion of the court.

Deckard v. State, 38 Md., 186. Weir e State, 39 Md. 434. Wheeler v. State,
42 Md. 563. Smith v. State, 44 Md. 530. Dulaney t. State, 45 Md. 99.
Broll v. State, 45 Md. 356. Rhinehart v. State, 45 Md 454 Archer v. State,
45 Md. 457. Kearney v. State, 46 Md 422. State e Carter, 49 Md. 8. State
v. Shields, 49 Md. 301. Forwood v. State, 49 Md. 531 Gibson v. State, 54
Md. 447. Johns v. State, 55 Md. 350. Bell v. State, 57 Md 108. Crouse v.
State, 57 Md 328 Neff v. State, 57 Md. 385. Chesapeake Club v. State. 63
Md. 446. Prebt. Managers & Co of Balto. & Yorktown Turnpike Road v.
State, 63 Md 573. Swain v. State, 64 Md. 423. State v. Bowers, 65 Md 363.
State v. Long, 65 Md. 365. Stevens v. State, 66 Md. 205. Lamb v. State, 66
Md. 289.

1878, ch. 40.

78. 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, infor-
mation, presentment, inquisition, or conviction; provided, how-
ever, that it shall be the duty of the court in passing any sentence
under the provisions of this section to deduct from the term of
sentence the time already served by the prisoner under the pre-
vious sentence from the date of his conviction.

Appeals from the Commissioner of the Land Office.

P. G. L., (1860,) art. 5, sec. 46. 1852, ch. 361, sec. 2. 1853, ch. 415, sec. 4.

79. All parties aggrieved by any judgment, final order or
determination in any case affecting the title to lands, made by