ART. 5] APPEALS IN CRIMINAL OASES. 245

and appeals from judgments in criminal cases may be taken in
the same manner as in civil cases; but no appeal in a criminal
case shall stay execution of sentence unless the counsel for
the accused shall make oath that the appeal is not taken for
delay; and such appeal shall be heard at the earliest convenient
day after the same shall have been transmitted to the court of
appeals; and the accused, upon taking such appeal, shall, in all
cases not punishable by death, or imprisonment in the peni-
tentiary, be entitled to remain on bail, and in other cases not
capital, the court from which the appeal is taken shall have the
discretionary power to admit to bail; provided that nothing
herein contained shall be construed to prohibit the court from
requiring additional or greater bail, pending an appeal, than
the accused may already have given before conviction.

Davis v. State, 38 Md. 15. Nicholson v. State, 38 Md. 151 Deckard v.
State, 38 Md. 186. Weir v State, 39 Md. 434. Wheeler v State, 42 Md.
563. Smith v. State, 44 Md 530 Dulaney v. State, 45 Md. 99. Broll v
State, 45 Md. 356. Rhmehart v. State, 45 Md. 454. Archer v. State, 45 Md.
457. Kearney v. State, 46 Md 422. State v. 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. Prest, 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. Stout v State, 76 Md. 319. Avirett v. State, 76 Md.
515. Izer v. State, 77 Md. 111 Annapolis v. Howard, 80 Md. 245. State
v Floto, 81 Md. 602 Mitchell v. State, 82 Md. 531. Salfner v State, 84
Md. 301. State v. Williams, 85 Md. 233. Fox v State, 89 Md. 384.

1888, art. 5, sec. 78. 1878, ch. 40.

81. Whenever any writ of error or appeal shall be brought
upon any judgment, or any indictment, information, present-
ment, 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 provisions 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.

Lynn v State, 84 Md. 83