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Session Laws, 1929
Volume 572, Page 906   View pdf image (33K)
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906 LAWS OF MARYLAND. [CH. 313

1916, to be known as Sections 316A and 316B, and to read as
follows:

316A. In all cases in which any person is tried and com-
mitted before any Justice of the Peace in Baltimore County,
and sentenced by. him to any imprisonment, (other than im-
prisonment in default of payment of fines and/or to any fine
of over $50 (exclusive of costs), he may within ten days after
sentence, exclusive of the day of sentence, pray an appeal to
the Circuit Court of Baltimore County upon waiving his right
to plead on the trial of said appeal in said Circuit Court his
former jeopardy resulting from his said trial and conviction
before said justice, no formal waiver of said right to plead said
former jeopardy shall be necessary; and a prayer for an ap-
peal under this section to said Circuit Court shall be construed
as a waiver of said right to plead said former jeopardy, and in
the event of such appeal being so prayed, the said justice shall
forthwith endorse on the commitment the fact of an appeal
being prayed, together with a list of the names and addresses
of the witnesses for the State, and forthwith transmit the
papers, together with a copy of the commitment, with the names
and addresses of the witnesses for the prosecution endorsed
thereon, to the office of the Clerk of the Circuit Court for Bal-
timore County, and the said person shall thereafterward be
tried de novo in the Circuit Court for Baltimore County, in the
same manner as if the said case had been originally brought
before said Court without the necessity of presentment or in-
dictment by the Grand Jury; and the said court, upon said
trial de novo, may impose any sentence authorized by law to be
imposed as punishment for the offense charge irrespective of
the sentence imposed by the Justice of the Peace below, pro-
vided, however, that the trial in the Circuit Court for Balti-
more County shall be by jury, if demanded by the party
charged; provided further that upon the trial in the Circuit
Court for Baltimore County of such appeals under this section,
the same fees and costs shall be taxed in said cases on appeal
as would obtain in like cases where a trial is had upon present-
ment and indictment by the Grand Jury; provided, further,
that no appeal shall be prosecuted under this section after pay-
ment of the fine or after expiration of the sentence imposed by
the justice. And, in case of appeal prosecuted under this sec-
tion the convicted party shall be entitled to be admitted to bail
for his appearance in the Circuit Court for Baltimore County,
pending for his appearance in the Circuit Court for Baltimore


 

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Session Laws, 1929
Volume 572, Page 906   View pdf image (33K)
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