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Session Laws, 1945
Volume 589, Page 951   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 951

shall have the right to file a Petition and Suggestion, signed
by him in proper person, with the Clerk of the Circuit Court
of said County, setting forth that there is a criminal charge
pending against him, that it is a misdemeanor or felony as
the case may be under the law of the State of Maryland,
or a political subdivision thereof, and that he wishes to
waive his right to an indictment by the grand jury and
that he seeks an immediate trial by the petit jury, or the
Court sitting as a jury, without regard to terms of Court,
upon a criminal information filed by the State's Attorney
of said County setting forth the charge or charges against
him; which petition and suggestion may be signed by the
person accused in his proper person or by counsel.

In the event the said accused person shall have elected
a jury trial or shall have taken an appeal from a convic-
tion before a Trial Magistrate under the provisions of
Section 13 of Article 52 of the Public General Laws of
Maryland (1943 Supplement), the said Petition and Sug-
gestion shall set forth said facts and shall ask for an
immediate trial by the petit jury, or the Court sitting as
a jury, without regard to terms of Court.

Upon the filing of said Petition and Suggestion, the
State's Attorney shall forthwith file a criminal Informa-
tion against said accused person, which shall be sufficient
in form if it clearly apprizes the accused of the crime or
crimes with which he is charged; the defendant shall then
be arraigned and shall plead to the Information in the
same manner as to an indictment and the case shall be set
for trial, without regard to terms of Court, under the
direction and control of the Court within a reasonable time
after the filing of said Information with the view of giving
the accused his right to a speedy trial.

The Court may at any time before or during the trial,
and before final judgment, permit amendment of the Infor-
mation, including the name, of the offender; provided, how-
ever, that such amendment shall not change the character
of the crime with which the accused is charged.

The State's Attorney shall have the same power to sum-
mons witnesses to his office on a day certain for the
purpose of obtaining evidence to prepare said Information
as he now possesses to summons witnesses to appear before
the grand jury. Refusal to obey any such summons shall
be reported in writing to the Circuit Court which shall
have the power to punish said refusal by issuance of a
bench warrant for contempt.

Provided, however, that nothing in this Section shall
change or affect the jurisdiction of Trial Magistrates, or
Police Justices, to hear, try, and determine cases in which

 

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Session Laws, 1945
Volume 589, Page 951   View pdf image (33K)
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