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Session Laws, 1953
Volume 606, Page 1014   View pdf image (33K)
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1014 LAWS OF MARYLAND [CH. 540

4 of the Code of Public Local Laws of Maryland, title
"Baltimore City", sub-title "Justices of the Peace and
Constables", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

411. In all cases in which any person is tried and com-
mitted before any Justice of the Peace assigned to any
of the police stations in the City of Baltimore, and sen-
tenced by him to any imprisonment [(other than imprison-
ment in default of payment of fines)] 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 Criminal Court of Baltimore upon waiving
his right to plead on the trial of said appeal in said Criminal
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 neces-
sary; and a prayer for an appeal under this section to
said Criminal 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 prosecu-
tion endorsed thereon, to the office of the Clerk of the
Criminal Court of Baltimore, and the said person shall
thereafterward be tried de novo in the Criminal Court of
Baltimore, the same manner as if the said case had been
originally brought before the said court without the neces-
sity of presentment or indictment 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 charged irrespective of the sentence imposed
by the Justice of the Peace below, provided, however, that
the trial in the Criminal Court of Baltimore shall be by
jury, if demanded by the party charged; provided further,
that upon the trial in the Criminal Court of Baltimore 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 trial is had upon presentment and indict-
ment by the grand jury; provided, further, that no appeal
shall be prosecuted under this section after payment of
the fine or after expiration of the sentence imposed by the
justice. And, in case of appeal prosecuted under this
section, the convicted party shall be entitled to be admitted
to bail for his appearance in the Criminal Court of Balti-


 

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Session Laws, 1953
Volume 606, Page 1014   View pdf image (33K)
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