Marvin Mandel, Governor 1261
bation, to revoke the probation granted or suspension of sentence,
and to impose any sentence, to take effect from its date, which might
have originally been imposed for the crime of which the probationer
or person accused was either convicted or to which he pleaded guilty,
or nolo contendere, or if neither conviction nor plea of guilty or
nolo contendere was had, to try the person accused on the charge;
(f) Provided that, any charge of violation of the terms of proba-
tion or the suspension of sentence under any of the foregoing provi-
sions in subsections (b), (c), (d), (e), and (f) of this section shall be
heard and determined by the judge who originally heard the matter
and imposed the terms, and the probationer or person accused shall
be sentenced by said judge; if the term of office has expired or if the
judge has been removed from office, has died, resigned or, otherwise
become incapacitated, any other judge of the District Court shall have
full power and jurisdiction to hear and determine the matter and to
impose sentence as fully and completely as if the case was originally
brought before the other judge.
147. New Trials, Suspension of Sentence, Revisory Power over
Judgments.
Notwithstanding any other provision of law, every judge of the
District Court shall have the power to grant a new trial on motion
filed within three (8) days of the verdict or judgment, or to suspend
or reduce sentence or costs in any case within his jurisdiction within
thirty (80) days after judgment has been pronounced, and shall have
revisory power and control over all judgments and sentences in case
of fraud, mistake, or irregularity in both civil and criminal cases
to the same extent as a judge of the Circuit Court has with respect
to its judgment and decrees.
148. Compel Attendance of Parties and Witnesses, Contempt.
(a) Every judge of the District Court shall have power to issue
summons and subpoenas duces tecum for the attendance of parties,
witnesses, and evidence in cases before the court and upon the failure
of any person to attend in response to the summons at the time and
place mentioned therein, the person shall be liable in the discretion
of the court, to a fine not exceeding Three Hundred Dollars ($300.00).
Nothing in this section shall be construed as limiting the power of
the judge as hereinafter provided to punish for direct contempt.
(b) Every judge of the District Court shall have the same power
as possessed by a judge of the Circuit Court of this State to issue
attachments and inflict summary punishments for contempts in those
cases enumerated in Article 26, Section 4 of the Annotated Code of
Maryland (1957 Edition, as amended).
(c) Any person, within ten (10) days, may appeal from any order
or judgment issued under the authority of this section. Appeals in
the counties shall be taken to the Circuit Court of the County in
which the contempt occurred, and in Baltimore City to the Criminal
Court of Baltimore. Upon the appeal the court shall consider and
pass upon the law and the facts and make such order as seems proper,
including the reversal or modification of the order from which the
appeal was taken.
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