J. MILLARD TAWES, GOVERNOR                                963

notated Code of Maryland (1957 Edition), title, "Appeals", Section
12, be, and the same is hereby repealed and re-enacted to read as
follows:

§ 12. Right of Appeal by Defendant [—When Appeal not to stay
execution of sentence; bail].

A defendant in a criminal action may appeal to the Court of Ap-
peals from any conviction or sentence imposed by a circuit court of
a county [or the Criminal Court of Baltimore] other than a convic-
tion or sentence imposed by a circuit court of a county [or the Crimi-
nal Court of Baltimore] in the proper exercise of its jurisdiction on
appeal from a trial magistrate. A defendant in a criminal action
may appeal to the Court of Appeals from any conviction or sentence
imposed by the Criminal Court of Baltimore except that an appeal
to the Court of Appeals from a conviction or sentence imposed by
the Criminal Court of Baltimore in the proper exercise of its juris-
diction on appeal from the Municipal Court of Baltimore City shall
be permitted only in those cases specifically set forth in Section 12A
of this article. [An appeal under this section shall not stay execu-
tion of sentence unless counsel for the defendant so appealing shall
make oath that the appeal is not taken for delay. Upon taking such
appeal the defendant so appealing shall, in all cases not punishable
by death or imprisonment in the penitentiary, be entitled to remain
on bail, and in other cases not capital, the court from which the
appeal is taken shall have the discretionary power to admit to bail;
provided that nothing herein contained shall be construed to pro-
hibit the court from requiring additional or greater bail pending an
appeal than such defendant may already have given before convic-
tion.]

Sec. 3. And be it further enacted, That two new sections be and
they are hereby added to Article 5 of the Annotated Code of Mary-
land (1957 Edition), Title, "Appeals", to follow immediately after
Section 12 thereof, said new sections to read as follows:

§ 12 A. Right of appeal by defendant in cases appealed from
Municipal Court of Baltimore City.

A defendant in a criminal action may appeal to the Court of Ap-
peals from a conviction or sentence imposed by the Criminal Court
of Baltimore in the proper exercise of its jurisdiction on appeal from
the Municipal Court of Baltimore City only in the following cases:

(1)  Where the Municipal Court of Baltimore City lacked jurisdic-
tion to hear, try and determine the case on the merits; or

(2)  Where the sentence of the Municipal Court of Baltimore City
was imprisonment only and the sentence of the Criminal Court of
Baltimore on appeal therefrom is imprisonment for a greater term,
or imprisonment for the same term and a fine; or

(3)  Where the sentence of the Municipal Court of Baltimore City
was a fine only and the sentence of the Criminal Court of Baltimore
on appeal therefrom is any imprisonment, with or without a fine,
or a greater fine; or

(4) Where the sentence of the Municipal Court of Baltimore City
was both fine and imprisonment and the sentence of the Criminal