clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Maryland Code Public General Laws, 1904
Volume 393, Page 143   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. IV] JUDICIARY DEPARTMENT. 143

petition, presentment or indictment; and the General Assembly
shall make such modification of existing Law as may be
necessary to regulate and give force to this provision.

[Sec. 8. The parties to any cause may submit the same to
the Court for determination without the aid of a Jury and in
all suits or actions at law, issues from the Orphans' Court or
from any Court sitting in Equity, and in all cases of present-
ments or indictments for offences which are or may be pun-
ishable by death pending in any of the Courts of Law of this
State having jurisdiction thereof, upon suggestion in writing
under oath of either of the parties to said proceedings, that
such party cannot have a fair and impartial trial in the Court
in which the same may be pending, the said Court shall order
.and direct the Record of Proceedings in such Suit or Action,
Issue, Presentment or Indictment, to be transmitted to some
other Court having jurisdiction in such case, for trial; but in
all other cases of Presentment 'or Indictment pending in any
of the Courts of Law in this State having jurisdiction thereof,
in addition to the suggestion in writing of either of the
parties to such Presentment or Indictment that such party
cannot have a fair and impartial trial in the Court in which
the same may be pending, it shall be necessary for the party
making such suggestion to make it satisfactorily appear to the
Court that such suggestion is true, or that there is reasonable
ground for the same; and thereupon the said Court shall
order and direct the Record of Proceedings in such Present-
ment or Indictment to be transmitted to some other Court
laving jurisdiction in such cases for trial; and such right of
removal shall exist upon suggestion in cases when all the
Judges of said Court may be disqualified, under the provisions
of this Constitution to sit in any case; and said court to
which the Record of Proceedings in such Suit or Action,
Issue, Presentment or Indictment may be so transmitted,
shall hear and determine the same in like manner as if such
Suit or Action, Issue, Presentment or Indictment had been
originally instituted therein; and the General Assembly shall
make such modification of existing law as may be necessary
to regulate and give force to this provision.]*

State v Dashiell, 6 H. & J. 268. Wright v Hamner, 5 Md. 370. State v.
Shillinger, 6 Md. 449. Manly v State, 7 Md 135. Brown v Gilmor, 8 Md.
322 Jerry v Townsend, 9 Md. 145. Hoshall v. Hoffacker, 11 Md. 364.

* Thus amended by Act of 1874. ch 364, ratified by the people at November election
1876


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Maryland Code Public General Laws, 1904
Volume 393, Page 143   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives