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Session Laws, 1961
Volume 654, Page 954   View pdf image (33K)
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954                                 Laws of Maryland                          [Ch. 616

Attorney of Baltimore City shall have the right, before trial, by
written communication, to pray a jury trial on behalf of
the State.
The case shall thereupon proceed as provided in cases in which a
jury trial has been prayed by the person charged.

112. Removals. Any person who is charged before the Court,

except the House Part of the Criminal Division, and who files an

affidavit stating that he cannot receive a fair and impartial trial

before the Judge before whom the case of said person is assigned,

shall have the right to have his case removed for trial before some

other Judge in the same Division. WHO FILES A SUGGESTION IN
WRITING THAT HE CANNOT HAVE A FAIR AND IMPARTIAL
TRIAL BEFORE THE JUDGE BEFORE WHOM THE CHARGES
MAY BE PENDING, AND WHO MAKES IT SATISFACTORILY
APPEAR TO SAID JUDGE THAT SUCH SUGGESTION IS TRUE
OR THAT THERE IS REASONABLE GROUND FOR THE SAME,
SHALL HAVE THE RIGHT TO HAVE HIS CASE REMOVED
FOR TRIAL BEFORE SOME OTHER JUDGE IN THE SAME
DIVISION. The selection of the Judge before whom the removed
case is to be tried shall be made by the Chief Judge. This right of
removal shall be exercisable only once by the defendant in any case
or by each defendant in any consolidated cases.

118. Sentencing, (a) Minimum. In all cases where the law pre-
scribing a punishment for crime fixes a maximum and a minimum
penalty therefor, the Judges of the Municipal Court may, in lieu of
the minimum penalty so prescribed, impose a less penalty of the
same character; provided, however, that nothing herein contained
shall be construed as affecting any maximum penalty fixed by law,
or the punishment for any crime where the law provides one and
only one penalty.

(b)  Non-payment of fine. The Court shall have the power to com-
mit any person to jail for non-payment of any fine and costs, however
payable, as provided in Article 38, Section 4,
ANNOTATED CODE.
Any Judge of the Court or any one of the court clerks shall have the
power, upon suitable written order to the warden or other custodian,
to release any person committed for non-payment of any fine and costs,
at any time after commitment, upon payment of the fine and costs im-
posed, provided, however, that a credit of One Dollar ($1.00) for
each day of imprisonment actually served shall be deducted from
the payment herein specified.

(c)  Installment Payments. The Court shall have power, in its dis-
cretion, to order that any person sentenced to pay a fine or costs or
both, shall pay said fine and/or costs in installments of such amounts,
at such times, and upon such conditions as the Court may fix. Any of
said terms may at any time be revised.

(d)   Places of confinement. Except as provided in Sub-sections
(e) and (g) hereof, all sentences of imprisonment (except in default
of fine) for a term of six
THREE months or less shall MAY be to the
Baltimore City Jail or to the Maryland House of Correction, in the
discretion of the Judge, and all sentences of imprisonment for over
six
THREE months shall be to the Maryland House of Correction.

(e)  Indeterminate Sentence. The Court shall also be empowered
to impose indeterminate sentences to the Maryland State Reforma-


 

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Session Laws, 1961
Volume 654, Page 954   View pdf image (33K)
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