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Session Laws, 1945
Volume 589, Page 1058   View pdf image (33K)
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1058 LAWS OF MARYLAND. [CH. 845

(b) If after a trial before the Trial Magistrate either party
shall feel aggrieved by his judgment there shall be a right of
appeal within ten days to the Circuit Court for the county in
which the alleged offense is charged to have been committed,
and in all cases where a jury trial is prayed by the State, or
the accused elects to be tried by jury, or appeals from the judg-
ment of the Trial Magistrate, the Trial Magistrate shall take
from the accused his recognizance with sufficient surety condi-
tioned for his personal appearance to answer said charge at
the then session (if there be a session) of the Circuit Court of
their respective counties, or the next session of said Court,
if it be not then in session; and in default of the accused enter-
ing into such recognizance, the Trial Magistrate shall commit
him to jail for his appearance at such Court to answer such
charge, and shall at once return the recognizance, if there be
one, and all papers and proceedings in such case, including
a copy of his judgment (in appeal cases) together with the
name and residence of the witnesses for the prosecution to the
Clerk of said Court. The Clerk of the Court shall place
such case on the trial docket of said Court, or in appeal cases
on the appeal docket of said Court and issue subpoenas for the
witnesses named by the Trial Magistrate only upon the written
order of the State's Attorney, and the case shall be then tried
in said Court on the information or warrant. When an appeal
shall be taken by the accused after the execution of sentence
has begun, by confinement in jail or the Maryland House of
Correction, the Trial Magistrate, on sufficient surety being
given for the accused's appearance at Court as hereinbefore
required, shall at once transmit an order reciting this fact to
the officer in whose custody he may be, and directing his
discharge, and in default of such surety being given, the Trial
Magistrate shall send a commitment to the Sheriff of the
county, commanding him to receive the prisoner and hold him
for his appearance at Court to answer said charge; and on
the presentation of a copy of such commitment by the Sheriff
to the officer in whose custody the prisoner may be, such officer
shall at once deliver the prisoner to the Sheriff, and it shall be
the duty of the Sheriff of the several counties of this State,
upon receipt of such commitment, to forthwith obtain such
prisoner if he be not in his custody.

In the trial of all charges of any offense, crime, or misde-
meanor, except motor vehicle cases, and in the conduct of all
prosecutions or proceedings for the recovery of any fine or pen-
alty, as described in the preceding paragraph of this section,
the proceedings and the method of trial, the right to demand
a jury trial and the right to appeal shall be such as are
prescribed by said paragraph, and such paragraph shall be
deemed applicable in all its terms to each and every such

 

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Session Laws, 1945
Volume 589, Page 1058   View pdf image (33K)
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