Montgomery County sentinel., 1962-10-04

Criminal Court OF Baltimorel other than
a conviction or sentence imposed by a
circuit court of a county Tor the Grim
inal Court of BaltimoreI in the proper
exercise of its jurisdiction on appeal
from trial magistrate. A defeHddHt 10
criminal action may appeal to the
Court OF appeals from any conyictioH or
sentence imposed BY the Criminal Court
of Baltimore cEeept that az APPEAL to
the Court of .Apfeais from q conpietion
or sentence imposed BY the Criminal
Court of Baltimore in the proper exeY-
else of its jnFtsdictioH on appeal from
the Municipal Court of Baltimore City
shall be Permitted only iH those cases
specifically set forth iH Section 12A of
this article. IAN appeal under this sec.
ton shall not stay execution of sentence
unless counsel for the defendant so ap-
pealing shall make oath that the appeal
is not taken for delay. Upon taking
such appeal the defendant so appealing
shall, in all cases not punishable by
death or imprisonment in the peni-
tentiary, be entitled to remain on bail.
and in other cases not capital, the court
from which the appeal is taken shall
have the discretionary power 10 admit to
bail; provided that nothing herein con-
tanned shall be construed to prohibit the
court from requiring additional or
greater bail pending an appeal than such
defendant may already have given be-
fore conviction.
SEC. ). AHd BE- Il further enacted,
That two, new sections be and they are
hereby. added to Article 5 of the An
notated Code of Maryland Qos7 Edi-
tion(, Title. Appeals, to follow i'm.
mediately after Section u thereof, said
new sections to read as follows:
12A. Right Of APPEAL by defendant
50 cases dpPedIsd from Municipal Court
of Baltimore City.
-.
APPEAL to the Court Of .ApPedls from a
conviciioH or sentence IMPOSED BY the
Criminal Court of Baltimore IN the
proper exereiSs Of its Jurisdiction on
affedi from the Municipal Court of
Baltimore City only in the Joiiottia0
cases:
~ Whtys the Manieibal Court of
Baltimore CITY lacked Jurisdiction TO
hear, try and determine the case on the
merits; or
(2) Where the sentence of the NUM-.
eipdl Court of Baltimore City sUds ipl-
frisornsnt only and The sentence Of the
Criminal Court Of Baltimore OF APPEAL
thersfrom is iwfyiSormsnt for greater
term, or imprisonment for the same term
and fine. or
~ Where the sentence Of the NUM-
cipdl Court of Baltimore City uds fine
only and the sentence of the Criminal
Court Of Bditimors on appeal thsrtfrom
IS any imprisonment, sDith or iUthoHt
fine, or greater fine: or
~ Where the sentence of the Num-
cfpal Court of Baltimore City stds both
fine and Imprisonment and the sentence
of the Criminal Court Of Baltimore on
APPEAL Msyefrom is imprisonment for
greater term, sgith or 1githont fine, or
a greater fine nth the same term of i'm
priSonment, or both a greater fine and q
fre., nf thsse ..,k.
~ Where the period of SUSPENSION Of
any typs of license TO operate motor
rehicle imposed BY the Criminal Court of
BdltimoTs is greater than the period of
suspension IMPOSED BY the Municipal
Court Of Baltimore City regardless of
tttsther 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
10 Where a question arising under
the Constitution Of the United States or
ander the Constitution or Declaration of
Righfs Of this State has been CLEARLY
raised ~ the Criminal Court of Bdti-
more aud decided adversely to the de-
fenddHt; tyovided. ho1teJer, that no ab-
peal TO the Court Of Atbedls shall lie
nheye 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 stgth-
out regard TO any fne imtosed BY the
Criminal Court Of Baltimore.
S12B. When APPEAL not TO stay ere
cafioH of sentence; bail.
IN APPEAL under Sec. II or Sec. IN
shall not stay eEecHfioH of sentence Nh
less counsel for the defSrddnt so Appeal
ia0 shall make oath that the APPEAL IS
not taken for delay. Upon taking ssch
dpfSdl the defendant 30 appealing shall,
~ all cases not punishable by death or
imprisonment in the tenitSntidyy, be En-
titled TO yemniH OF bail, and IN other
cases not capital, the court from 7chich
the APPEAL is taken shall haze the dis-
cystioHdyy potpev 10 admit TO bail; pro
uidsd that nothing hrysin contained shall
BE- oorSiyasd 10 prohibit The eoayt from
requiring additional or greater bail pend
ing an APPEAL than SKch defendant may
ALREADY hate oiven before conviction.
SEC. 4. And be Il further enacted, That
Sections l3, 15A, 81, 80, 81, 80, 36, 40
and ~ Of Article of the Annotated
Code Of Maryland 1o57 Edition), title,
Appeals, be and they are hereby re-
pealed and re-enaeted to read as follows:
sl5. Right Of appeal when sentence
suspended.
In all criminal action where sentence
has been suspended by the court the de-
fendant shall have right to appeal 20
the Court of Appeals under Sec. IL or
Sec. f2A of this Article in the same man.
ner as If sentence or judgment had been
entered in said action
i5A. Other Criminal Cases.
In any criminal IcaseI action other
than one 1ohevs sentence of death has
been iDlbosed where defendant mho has
been convicted or sentenced I, other than
conviction or sentence imposed By a
circuit court of county or the Criminal
Court Of Baltimore lin the proper exer-
else Of its jurisdiction on appeals from
trial magistrate where no appeal 10 the
Court Of Appeals is provided by law and
except as provided in Sec. IS, and the
defendant hiesI has a right TO appeal to
The Court Of Appeals under See II or
Sec. IA of his article, and has filed
an order for appeal pursuant to and with
in the time limited by the MARYLAND
Rules Of Procedure, the defendant, il
unable by reason Of poverty to pay the
cost OF an appeal to the Court of Ap-
peals, may file with the court imposing
the sentence a petition under oath alleg-
ing the fact of his poverty and his in
ability TO defray the expense Of prose-
cutting an appeal. The lower court upon
being. satisfied that such defendant is un-
able by reason of poverty to defray the
Court Of Appeals shall sign an order
directing that all costs, including but not
limited to all court costs, the cost Of pre-.
pairing the transcript Of testimony, the
cost of preparing and transmitting the
record, and the cost of the briefs, appcn-
dices and printed record extract neces.
sary in connection with the appeal shall
be paid by the State Of Maryland and
that the record be transmitted to the
s.f IL r II
state. A copy Of such order shall be
included in the record Transmitted TO the
Court OF Appeals and the payment of
all filing fees to the Clerk Of the Court
OF Appeals in connection with the appeal
shall be waived. II counsel prosecuting
such appeal on behalf Of the defendant
has been appointed as such counsel by
the court imposing sentence or BY the
Court Of Appeals, the Court Of Appeals
may allow to such counsel fee in such
amount a. the Court shall think proper
for his services in connection with such
appeal, such fee TO be paid By the State,
81. Certiorsri to secure uniformity
Of decision.
In any case. civil or criminal in which
. hnal judgment has been rendered by
the circuit court Of any count or BY ore
OF the courts Of Baltimore City upon ap-
peal from justice Of the peace, peoples
court trial magistrate Iorl, traffic court
magistrate, or Municipal Court of Bali.
1p0ys City II i shall be made to appear
to the Court Of Appeals upon petition of
any party that a review Is necessary 20
secure uniformity Of decision, as where
the same statute has been construed diff.
erently by the courts of two or more
circuits, or that there are other special
circumstances rendering il desirable and
in the public interest that the case should