964                                 Laws of Maryland                          [Ch. 616

Court of Baltimore on appeal therefrom is imprisonment for a
greater term, with or without a fine, or a greater fine with the same
term of imprisonment, or both a greater fine and a greater term
of imprisonment; or

(5)  Where the period of suspension of any type of license to oper-
ate a motor vehicle imposed by the Criminal Court of Baltimore is
greater than the period of suspension imposed by the Municipal
Court of Baltimore City regardless of whether either the fine or
imprisonment or both imposed by the Criminal Court of Baltimore
are less than that imposed by the Municipal Court of Baltimore City;
or

(6)  Where a question arising under the Constitution of the United
States or under the Constitution or Declaration of Rights of this
State has been clearly raised in the Criminal Court of Baltimore and
decided adversely to the defendant; provided, however, that no ap-
peal to the Court of Appeals shall lie where any sentence to imprison-
ment by the Criminal Court of Baltimore is for a lesser term than
that imposed by the Municipal Court of Baltimore City without re-
gard to any fine imposed by the Criminal Court of Baltimore.

§ 12B. When appeal not to stay execution of sentence; bail.

An appeal under Sec. 12 or Sec. 12A shall not stay execution of
sentence unless counsel for the defendant so appealing shall make
oath that the appeal is not taken for delay. Upon taking such ap-
peal 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 con-
viction.

Sec. 4. And be it further enacted, That Sections 13, 15A, 21, 30,
32, 33, 36, 40 and 42 of Article 5 of the Annotated Code of Mary-
land (1957 Edition), title, "Appeals", be and they are hereby re-
pealed and re-enacted to read as follows:

§ 13. Right of appeal when sentence suspended.

In all criminal actions where sentence has been suspended by the
court the defendant shall have a right to appeal to the Court of Ap-
peals under Sec. 12 or Sec. 12A of this Article in the same manner
as if sentence or judgment had been entered in said action.

§ 15A. Other Criminal Cases.

In any criminal [case] action other than one where a sentence of
death has been imposed where a defendant who 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
except as provided in Sec. 15, and the defendant files] has a right to
appeal to the Court of Appeals under Sec. 12 or Sec. 12A of this
article, and has filed an order for appeal pursuant to and within the