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Session Laws, 1961
Volume 654, Page 967   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                             967

Baltimore City Court,] with effect, and also pay and satisfy the party
in whose behalf the judgment of the justice shall be given, his ex-
ecutors, administrators or assigns, in case the said judgment shall be
affirmed, as well as the debt, damages and costs adjudged by the
justice from whose judgment such appeal shall be made, as also all
costs and damages that shall be awarded by the court before whom
such appeal shall be heard, tried and determined, then the said bond
to be and remain in full force and virtue, otherwise to be of no effect.

§ 40. Amendments in discretion of court.

All civil actions and civil proceedings, including the writ, sum-
mons, docket entries and the names of the parties, on appeal from
a justice of the peace before a circuit court for any county [or the
Baltimore City Court], may be amended so as to bring said action
to trial on its merits in the same manner and to the same extent
as now allowed in cases originating in courts of law. Amendments
in any of the said courts shall be allowed and made in the discretion
of said court as if said actions, writs and proceedings had orig-
inated therein.

§ 42. Meaning of terms "County Commissioners," ["Circuit
Court"] and "Justices of the Peace."

Whenever the words "county commissioners" appear in §§ 30 to
41, inclusive, of this Article, they shall be taken to include a county
council [and the mayor and city council of Baltimore City], and
wherever [the words "circuit court" appear in these sections, they
shall be taken to include the Criminal Court of Baltimore; wherever]
the words "justice of the peace" appear they shall include "trial
magistrates."

Sec. 5. And be it further enacted, That six new sections be and
they are hereby added to Article 5 of the Annotated Code of Mary-
land (1957 Edition), title "Appeals", said new sections to be known
as Sections 43 to 48, inclusive, under a new sub-title to be known
as "Appeal from Municipal Court of Baltimore City to Criminal
Court of Baltimore," to follow immediately after Section 42 of said
Article, and to read as follows:

APPEAL FROM MUNICIPAL COURT OF BALTIMORE CITY
TO CRIMINAL COURT OF BALTIMORE

§ 43. Right of appeal by defendant.

A defendant in a criminal or traffic action in the Municipal Court
of Baltimore City may appeal to the Criminal Court of Baltimore from
any conviction or sentence, including suspension of a license to operate
a motor vehicle, imposed by the Municipal Court of Baltimore City.
On such appeal the action against such defendant so appealing shall
be tried de novo in the same manner as if said action had originally
been instituted in the Criminal Court of Baltimore but without the
necessity of presentment or indictment by the Grand Jury. If the de-
fendant so appealing is convicted in said trial de novo on appeal the
Criminal Court of Baltimore may impose any sentence authorized by
law to be imposed as punishment for the offense of which such de-
fendant is convicted, irrespective of the sentence imposed in the
Municipal Court. Said trial de novo on appeal in the Criminal Court
of Baltimore shall be by jury if demanded by the defendant.


 

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Session Laws, 1961
Volume 654, Page 967   View pdf image (33K)
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