J. MILLARD TAWES, Governor 25
the proper exercise of its jurisdiction on appeal from the Municipal
Court of Baltimore City shall be permitted only in those cases specifi-
cally set forth in Section 12A of this article. A defendant in a criminal
action may appeal to the Court of Appeals from any conviction
where the sentence is death or from any death sentence imposed by
a circuit court of a county or the Criminal Court of Baltimore.
At any time or from time to time after the date on which this
section becomes effective the Court of Appeals may by its order trans-
fer all or any number of the appeals and applications for leave to
appeal directed by this section, Section 645-I of Article 27 and Sec-
tion 11 of Article 31B to be filed in the Court of Special Appeals
then pending on its docket from said docket to the docket of the
Court of Special Appeals, and the appeals and applications for leave
to appeal so transferred shall be decided by the Court of Special
Appeals.
12A. A defendant in a criminal action may appeal to the [Court
of Appeals] Court of Special Appeals 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 juris-
diction 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
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
operate 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 Bal-
timore and decided adversely to the defendant; provided, however,
that no appeal to the [Court of Appeals] Court of Special Appeals
shall lie where any sentence to imprisonment by the Criminal Court
of Baltimore is for a lesser term than that imposed by the Municipal
Court of Baltimore City without regard to any fine imposed by the
Criminal Court of Baltimore.
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