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Session Laws, 1958
Volume 619, Page 231   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR                         231

peal pursuant to and within the time limited by the [Rules of the
Court of Appeals] Maryland Rules of Procedure, the court imposing
such sentence shall sign an order directing that all costs, including
but not limited to all court costs, the cost of preparing the transcript
of testimony, the cost of preparing and transmitting the record, and
the cost of the briefs, appendices and printed record extract neces-
sary in connection with the appeal shall be paid by the State of Mary-
land and that
the record [to] be transmitted to the Court of Appeals
at the expense of the State. A copy of such order shall be included in
the record transmitted to the Court of Appeals and the payment of
all filing fees to the Clerk of the Court of Appeals in connection with
the appeal shall be waived. If counsel prosecuting such appeal on
behalf of the defendant has been appointed as such counsel by the
court imposing sentence
OR BY THE COURT OF APPEALS, the
Court of Appeals may allow to such counsel a fee in such amount as
the Court shall think proper for his services in connection with such
appeal, such fee to be paid by the State.

15A. In any criminal case where a defendant has been convicted
or sentenced, other than a conviction or sentence imposed by a cir-
cuit court of a county or the Criminal Court of Baltimore in the
proper exercise of its jurisdiction on appeal from a Trial Magistrate
where no appeal to the Court of Appeals is provided by law and
other than appeals in accordance with Article SIB of the Annotated
Code of Maryland, and except as provided in Section 15, and the
defendant files an order for appeal pursuant to and within the time
limited by the Maryland Rules of Procedure, the defendant,
if unable by reason of poverty to pay the cost of an appeal to
the Court of Appeals, may file with the court imposing the sentence a
petition under oath alleging the fact of his poverty and his inability to
defray the expense of prosecuting an appeal. The lower court upon
being satisfied that such defendant is unable by reason of poverty to
defray the expense of prosecuting an appeal to the Court of Appeals
shall sign an order directing that all costs, including but not limited
to all court costs, the cost of preparing the transcript of testimony, the
cost of preparing and transmitting the record, and the cost of the
briefs, appendices and printed record extract necessary in connection
with the appeal shall be paid by the State of Maryland and that the
record be transmitted to the Court of Appeals at the expense of the
State. A copy of such order shall be included in the record transmitted
to the Court of Appeals and the payment of all filing fees to the Clerk
of the Court of Appeals in connection with the appeal shall be waived.
If counsel prosecuting such appeal on behalf of the defendant has
been appointed as such counsel by the court imposing sentence
OR
BY THE COURT OF APPEALS, the Court of Appeals may allow
to such counsel a fee in such amount as the court shall think proper
for his services in connection with such appeal, such fee to be paid
by the State.

Sec 2. And be it further enacted, That this Act shall take effect
June 1, 1958.

Approved April 4, 1958.

 

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Session Laws, 1958
Volume 619, Page 231   View pdf image (33K)
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