356                                           LAWS OF MARYLAND                               [Ch. 2

SEC. 12-302. EXCEPTIONS.

(A)   UNLESS A EIGHT OF APPEAL IS EXPRESSLY GRANTED
BY LAW, §12-301 DOES NOT PERMIT AN APPEAL FROM A FINAL
JUDGMENT OF A COURT ENTERED OR MADE IN THE EXERCISE OF
APPELLATE JURISDICTION IN REVIEWING THE DECISION OF
THE DISTRICT COURT, AN ADMINISTRATIVE AGENCY, OR A
LOCAL LEGISLATIVE BODY.

REVISOR'S NOTE: This section is intended to
continue the present law; see e.g. the last
clause of Art. 5, §1; Warfield v. Latrobe, 46
Md. 123 (1877) and Cumberland Valley R.R. v.
Martin, 100 Md. 165, 59A 714 (1905). For a
general provision permitting appeals after
review of administrative agency decisions,
see Art. 41, §256. Other provisions are
contained in particular statutes dealing with
administrative agencies. For provisions
dealing with certiorari, see §12-305. An
appeal from a circuit court decision
reviewing an orphans' court decision is
permitted, since not included in the
exceptions; see present Art. 5, §25, and
subtitle 5.

(B)   SEC. 12-301 DOES NOT APPLY TO APPEALS IN
CONTEMPT CASES, WHICH ARE GOVERNED BY §§12-304 AND
12-403.

REVISOR'S NOTE: This subsection states present
law.

(C)   IN A CRIMINAL CASE, THE STATE MAY APPEAL ONLY
FROM A FINAL JUDGMENT GRANTING A MOTION TO DISMISS OR
QUASHING OR DISMISSING ANY INDICTMENT, INFORMATION,
PRESENTMENT, OR INQUISITION IN A CRIMINAL CASE.

REVISOR'S NOTE: Subsection (c) is essentially the
language of Art. 5, §14. The language
proscribing an appeal by the State after an
acquittal is omitted since the State may only
appeal in the limited situations set forth in
the section in any event.

(D)   SEC. 12-301 DOES NOT PERMIT AN APPEAL FROM
THE DECISION OF THE JUDGES OF A CIRCUIT COURT SITTING
IN BANC PURSUANT TO ARTICLE IV, §22 OF THE
CONSTITUTION, IF THE PARTY SEEKING TO APPEAL IS THE
PARTY WHO MOVED TO HAVE THE POINT OR QUESTION RESERVED
FOR CONSIDERATION OF THE COURT IN BANC.