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Session Laws, 1960
Volume 641, Page 154   View pdf image (33K)
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154 LAWS OF MARYLAND [CH. 43

the said Code (1957 Edition), title "Crimes and Punishments",
sub-title "Places of Reformation and Punishment", sub-heading
"Department of Correction", and to repeal and re-enact, with
amendment, Sections 6 (b), 8 (a) and 11 of Article 31B of the
said Code, title "Defective Delinquents", sub-title "Defective De-
linquents", and to add new Section 11A to the said Article and
sub-title of the Code, to follow immediately after Section 11 there-
of, relating to the manner of and procedure for appeals to the
Court of Appeals from orders made pursuant to the defective de-
linquent laws, to transfers to and from the institution for con-
finement of defective delinquents and to requests for examinations
to determine defective delinquency.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 15A of Article 5 of the Annotated Code of Maryland
(1957 Edition and 1959 Supplement), title "Appeals", sub-title "Ap-
peals to the Court of Appeals", sub-heading "Appeals in Criminal
Cases", be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

15A.

In any criminal case where a defendant has been convicted or
sentenced, other than a conviction or sentence imposed by a circuit
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 31B of the Annotated Code
of Maryland, ] and except as provided in Section 15, and the de-
fendant files an order for appeal pursuant to and within the time
limited by the Maryland Rules of Procedure, the defendant, if un-
able 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 de-
fray 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 con-
nection with the appeal shall be paid by the State of Maryland and
that the record be transmitted to the Court of Appeals at the ex-
pense 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 Section 706 (a) of Ar-
ticle 27 of the said Code (1957 Edition), title "Crimes and Punish-
ments", sub-title "Places of Reformation and Punishment", sub-
heading "Department of Correction" be and it is hereby repealed
and re-enacted, with amendments, to read as follows:


 

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Session Laws, 1960
Volume 641, Page 154   View pdf image (33K)
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