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The Maryland Code Public General Laws, 1904
Volume 393, Page 1375   View pdf image (33K)
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ART. 52] CRIMINAL JURISDICTION. 1375

meanors not punishable by confinement in the penitentiary
which may be committed within their respective jurisdiction;
and shall have jurisdiction in all prosecutions or proceedings
for recovery of any penalty for doing or omitting to do any
act, the doing of which or the omission to do which is made
punishable under the law of this State, within their said juris-
diction by any pecuniary fine or penalty, or by imprisonment
in jail or in the Maryland house of correction, all of which acts
or omissions are hereby declared to be criminal offenses; and
the said justices shall have power to issue all processes and to
do all acts which may be necessary to the exercise of their said
jurisdiction; may try and determine all cases whereof they may
have jurisdiction and may pronounce judgment and sentence
therein, in the same manner and to the same extent as the
circuit court for said counties could in such cases if said cases
were tried before said circuit courts without the investigation
of a jury; provided, however, that if any person when brought
before any such justice having jurisdiction of the case shall
before trial for the alleged offense pray a jury trial, or if
the State's attorney for said county shall before the trial of
such alleged offense pray a jury trial on the part of the State,
it shall be the duty of any such justice to commit such alleged
offender for trial in the circuit court for the county in which
the offense was committed at its then session, if it be then in
session, or at the next session, if it be not then in session, and
to return said commitment or recognizance with the name and
residence of the witnesses for the prosecution endorsed thereon
forthwith to the clerk of said court and the justice before whom
the case is tried shall inform the person charged of his right to
a jury trial and, on receiving recognizance sent up by the
justice, the clerk shall place the same on the appeal docket and
issue subpoenas for the witnesses named by the justice, and the
case shall be tried on the information or the warrant as if on
appeal, and if on waiver of jury trial before the justice and trial
before him either party shall feel aggrieved, there shall be a
right of appeal to the circuit court for the county in which the
alleged offense is charged to have been committed. In case
the judgment of the justice of the peace is against the accused
and he shall appeal, he shall enter into recognizance with
security to be approved by the justice of the peace; and in
every such case the appeal shall be taken within ten days after
judgment entered.

State v. Ward, 95 Md. 122.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1375   View pdf image (33K)
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