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Session Laws, 1961
Volume 654, Page 968   View pdf image (33K)
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968                              Laws of Maryland                        [Ch. 616

§ 44. Right of appeal by defendant where sentence suspended.

In all criminal or traffic actions where sentence has been suspended
by the Municipal Court of Baltimore City, the defendant shall have
a right to appeal to the Criminal Court of Baltimore under
§ US of
this article in the same manner as if sentence or judgment had been
entered in said action.

§ 45. Manner and time of taking appeal.

An appeal pursuant to § 43 or § 44 of this article shall be taken
by filing an order for appeal with the Municipal Court of Baltimore
City within ten days after the date of the sentence from which the
appeal is taken, exclusive of the day of sentence. The Chief Clerk of
the Municipal Court of Baltimore City shall forthwith endorse on
the commitment the fact that an appeal pursuant to
§ 43 or § 44 of
this article has been prayed and within 24 hours thereafter shall
transmit the papers, including a copy of the commitment, a list of the
names and addresses of the witnesses for the prosecution and a cer-
tified copy of the docket entries, to the Clerk of the Criminal Court
of Baltimore.

§ 46. Manner and time of taking appeal by imprisoned defendant.

In all criminal or traffic actions in which a person convicted by
the Municipal Court of Baltimore City has been committed to im-
prisonment before an order for appeal to the Criminal Court of
Baltimore has been filed with the Chief Clerk of the Municipal Court
of Baltimore pursuant to
§ 45 of this article, such person so con-
victed and imprisoned may enter an appeal pursuant to
§ 43 of this
article by delivering to the Warden or Superintendent of the institu-
tion wherein he is confined, within the time prescribed by
§ 45 of
this article, a written statement of his desire to appeal to the Criminal
Court of Baltimore. In such cases no other or formal order for
appeal shall be required and any simple written statement by an
imprisoned defendant indicating a desire to appeal to the Criminal
Court of Baltimore from his conviction by the Municipal Court of
Baltimore City shall suffice. Upon receipt of said written statement,
the said Warden or Superintendent of the institution wherein the
person so appealing is confined shall endorse thereon the date and
time of the receipt thereof by him and within 24 hours thereafter
shall transmit the same together with a copy of the commitment in
said case to the Chief Clerk of the Municipal Court of Baltimore
City. The Chief Clerk of the Municipal Court of Baltimore City shall
endorse on said written statement the date and time of the receipt
thereof by him and within 24 hours thereafter shall transmit the
original papers to the Clerk of the Criminal Court of Baltimore
pursuant to
§ 45 of this article.

§ 47. Bail when appeal taken.

Upon taking an appeal pursuant to § 43 of this article, the de-
fendant so appealing shall be entitled to remain on bail, if on bail,
or be admitted to bail, if not on bail, but the Municipal Court of
Baltimore City may in its discretion require additional or greater
bail pending an appeal than such defendant may already have given
before conviction. While any such appeal is pending the Criminal
Court of Baltimore may in its discretion increase or reduce the
amount of bail theretofore required by the Municipal Court of Balti-
more City.


 

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Session Laws, 1961
Volume 654, Page 968   View pdf image (33K)
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