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Session Laws, 1961
Volume 654, Page 975   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                             975

so to do, shall pay to the owner or owners the full value thereof, and
be fined not less than fifty nor more than one hundred dollars, or be
imprisoned in the county or city jail [or the penitentiary,] or the
house of correction, for not less than six months nor more than four
years, or be both fined and imprisoned as aforesaid, in the discretion
of the court, although it may appear from the evidence that such
person or persons, his or their aiders and abettors, took and carried
away the property or any portion of the same enumerated in this
section, for his or their present use, and not with the intent of ap-
propriating or converting the same. The provisions of Article 52,
Section IS, shall not apply to this section.

Sec. 16. And be it further enacted, That Article 27 of the Anno-
tated Code of Maryland (1957 Edition), title, "Crimes and Punish-
ments," sub-title, "Receiving Stolen Goods, Money or Securities,"
Sections 467(b) and (d), be, and they are hereby repealed and re-
enacted, with amendments, to read as follows:

§ 467 (b) Jurisdiction, procedure, bail, etc.—All prosecutions for
violation of the provisions of this section may be either upon pre-
sentment and indictment in any court haying criminal jurisdiction
in this State, or by trial before any justice of the peace duly as-
signed to hear and determine criminal matters in and for the county
[or the City of Baltimore, as the case may be,] where the offense
occurs, and jurisdiction original and concurrent with the said courts
having criminal jurisdiction is hereby given to the said justices of
the peace as aforesaid and they shall have power to issue all processes
and do all acts which may be necessary for the exercise of said juris-
diction; and may try and determine all such cases and may pro-
nounce judgment and impose sentence therein to the same extent
as the aforesaid courts having criminal jurisdiction could do in such
cases, if such cases were tried before such court without a jury;
provided, however, that if any person when brought before any
such justice having jurisdiction of the case, shall, before the trial
for the alleged offense, pray a jury trial, or if the State's attorney
for the county [or City of Baltimore] where the offense occurs shall,
before the trial of such alleged offense, pray a jury trial on behalf
of the State, it shall be the duty of such justice to commit such al-
leged offender for trial, or to hold him to bail to appear for trial in
the court having criminal jurisdiction in the case, at its then or next
session and to transmit said commitment or recognizance with the
names and residences of the witnesses for the prosecution endorsed
thereon, forthwith to the clerk of said court; and the justice of the
peace, before whom the accused is brought for trial, shall inform
him seasonably of his right to demand a trial by jury.

§ 467 (d) Jurisdiction of justices of the peace.—Provided fur-
ther that nothing in this section and § 466 shall be construed to
change, enlarge or diminish the jurisdiction of justices of the peace
in any of the counties of the State [or the City of Baltimore] who
are herein specifically vested with authority to hear, try and de-
termine cases under this section, but that only such justices are
vested with authority herein as would have jurisdiction and au-
thority to hear, try and determine cases of violation of the law be-
fore June 1, 1945.

 

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Session Laws, 1961
Volume 654, Page 975   View pdf image (33K)
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