Marvin Mandel, Governor                         551

ment), title "Appeals," subtitles, respectively, "Appeals to Court of
Appeals and Court of Special Appeals," "Appeals to Circuit Courts
for Counties and Superior Court of Baltimore City," and "Appeal
from Municipal Court of Baltimore City to Criminal Court of Balti-
more," be and they are hereby repealed and re-enacted, with amend-
ments, to read as follows:

1. Appeals from final judgments; judgments on appeal from Dis-
trict Court.

Any party may appeal to the Court of Appeals from any final
judgment or determination of a court of law in any civil suit or
action, including a mandamus action, or in any prosecution for the
recovery of any penalty or fine or damages unless the suit or action
or prosecution is subject to the appellate jurisdiction of the Court
of Special Appeals, in which event any party may appeal to the
Court of Special Appeals from such judgment or determination;
[provided, however, that this section shall not be construed to] but
this section does not permit an appeal to the Court of Appeals or to
the Court of Special Appeals from any judgment or determination
entered by a court of law in the proper exercise of its jurisdiction on
appeal from [a justice of the peace, people's court, or trial magis-
trate] the District Court.

12.    Right of appeal by defendant generally; transfer of pending

appeals to Court of Special Appeals.

A defendant in a criminal action may appeal to the Court of
Special Appeals from any conviction where the sentence is other than
death or from any sentence other than death imposed by a circuit
court of a county or by the Criminal Court of Baltimore, except that
an appeal from a conviction or sentence imposed by a circuit court of
a county in the proper exercise of its jurisdiction on appeal from
[any people's court or a trial magistrate shall] the District Court
is not [be] permitted, and an appeal 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 shall be] the District Court is not permitted [only in those
cases specifically set forth in § 12 A 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
transfer all or any number of the appeals and applications for leave
to appeal directed by this section, § 645-I of Article 27 and § 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.]

13.    Right of appeal where sentence suspended.

In all criminal actions where sentence has been suspended by the
court the defendant shall have a right to appeal under § 12 [or
§ 12A] of this article in the same manner as if sentence or judgment
had been entered in said action.