The Republican., 1962-10-04


circuit court of a county or the
Criminal Court of BaltimoreI other than
conviction or sentence imposed by a
circuit court Of county Tor the Grim
inal Court OF BaltmoreI in the proper
exercise of its jurisdiction on appeal
from a trial magistrate. Il defendant ~
a criminal action may GfPe1I TO the
Court of .AfbediS from any cOHVictiOn or
sentence IMPOSED by the Criminal Court
of Baltimore except that an appeal to
the Court of APffdlS from a oonvicti0n
or sentence IMPOSED BY the Criminal
Court of Baltimore in the Pr0Per ever
else of its jurisdiction on APPEAL from
the Municipal Court of Baltimore City
shall be Permitted only III those cases
specifically set forth IN Section f2A of
this article. An appeal under this sec
ton shall not stay execution of sentence
unless counsel for the defendant so APP
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 TO 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-
tore CONVECTION
SEC. 3. And be II further enacted,
That two new sections be and they are
hereby added to Article s of the An
notated Code of Maryland Q9s7 Edi-
tion?, Title; "Appeals"' to .s follow inn i'm;
new sections to read as follows:
5 s12A. Right Of 0ppsal BY defendant
in cases appealed from Municipal Court
of Baltimore CITY.
4 defendant in CRIMINAL action may
APPEAL to the Court of AffeaIs from a
Criminal Court Of Baltimore ~ the
proper erereise of its jurisdiction on
dpbedI from the Municipal Court of
Baltimore City only in the foiio'oing
~ Where the Municipal Court of
iear, try and determine the case on the
merits; or
(2J Where the sentence of the MHni-
cibdl Court of Baltimore City 1rdS IN
friSonment only aud The sentence of the
Criminal Court of Baltimore on Gffedl
heretr0m is imprisonment for greater
srnI, or Imprisonment for the SANE term
nd fne; or
~ Where the sentence of the Muni-
ifdl Court of Baltimore City 1rds a fine
nlv and the sentence of The Criminal
curt of Baltimore on APPEAL herFfr0m
IS any Imprisonment, 5uith or sOithom a
ine, or a greater fine: or
~ Where the sentence of the Mum
citaI Court of Baltimore City zcos both
fne aud imprisonment and the sentence
If the Criminal Court of Baltimore OF
tffedl theyetrom is imprisonment toy
redtey term, sUith or 7oithout a fine, or
l greater fine 7Cifh the same term of I'M
',isonment or both greater fine and
greater term of imprisonment: or
(5) Where the Period of SUSPENSION of
any trfe of license to operate a motor
1'eticIe IMPOSED BY the Criminal Court of
Baltimore is greater than the Period of
SUSPENSION imposed BY the Municipal
Court of Baltimore City regardless Of
,rhether either the fine or imprisonment
or both IMPOSED BY the Criminal Court
of Baltimore are less than that imfosed
by the Municipal Court of Baltimore
CITY; or
To- Where a question arising ander
the Constitution Of the United States or
mde, the Constitution or Declaration of
Rights of this State has been clearly
raised in the Criminal Court of Bdti-
more aud decided adversely TO the de-
fendan; fr07'idrd, hoscf7er, that no db-
PEAL to the Court of Apbedis shall lie
fcherF any sentence TO imprisonment BY
the Criminal Court of Baltimore is for
Lesser term than that IMPOSED by the
,
ont regard TO any fine imposed BY the
Criminal Court of Baltimore.
s l2B. When APPEAL not to stay ere
cufion Of sentence, bail.
An dtbfdl Mnder Sec. II or Sec ia
shall not stay execution Of sentence an
less counsel for the defendant so atbedl-
ing shall make oath that the Gfbedl is
not taken fer delay. Upon taking snch
APPEAL the defendant so APPEALING shall.
III all cases not punishable BY death or
imprisonment III the fFnteutidry, be fn-
titled to remain on bail, and IN other
cases not capital. the court fyom 7Uhich
the APPEAL is taken shall hare the dis
cretiondry fo7rer to admit to bail: pro-
7ided that nothing herein contained shall
be construed to prohibit the court from
requiring additional or greater bail Pend
ing at dffedl than Snch defendant may
already hare gi7'eu before congiction.
SEC. 4. And be it further enacted, That
Sections 10, 15A, 81. 30, 80, 80, SO, 40
and AZ of Article S of the Annotated
Code of Maryland G957 Edition., title,
Appeals be and they are hereby re.
pealed and re-enacted TO read as follows:
l3. Right of appeal when sentence
suspended.
In all criminal action where sentence
has been suspended by the court the de-
fendant shall have a right to appeal 10
the Court of Appeals under Sec II or
Sec. IA of this Article in the same man.
ner as if sentence or judgment had been
entered in said action.
s15A. Other Criminal Cases.
In any criminal LcaseI action other
than one 7Chere sentence of death has
been imposed where defendant 7ch0 has
been convicted or sentenced [, other than
a conviction or sentence imposed1 bv
circuit court of a county or the Criminal
Court of Baltimore lin the proper exer-
else of its jurisdiction on appeals from
trial magistrate where no appeal to the
Court of Appeals is provided by law and
except as provided in Sec. IS, and the
defendant filesI has a right to APPEAL to
the Court of appeals under Sec. II or
Sec. IA of this article, and has filed
an order for appeal pursuant to and with
in the time limited by the Maryland
Rules of Procedure, the defendant. if
unable by reason of poverty to pay the
cost of an appeal to the Court of Ap-
peals, may file with the court imposing
he sentence petition under oath alleg.
ing the fact of his poverty and his in
lbility to defray the expense of prose-
'uting an appeal. The lower court upon
'eing satisfied that such defendant is un-
tble by reason of poverty to defray the
'xpense of prosecuting an appeal TO the
court of Appeals shall sign an order
Erecting that all costs, including but not
United to all court costs, the cost of pre-
airing the transcript of testimony, the
'ost of preparing and transmitting the
-ecord and the cost of the briefs, appen-
Ices and printed record extract neces-
AIRY in connection with the appeal shall
'e paid by the State of MARYLAND and
hat the record be transmitted to the
ourt of Appeals at the expense of the
state. A copy of such order shall be
included in the record transmitted to the
ourt of Appeals and the payment of
Il filing fees to the Clerk of the Court
f Appeals in connection with the appeal
hall be waived. If counsel prosecuting
UGH appeal on behalf of the defendant
as been appointed as such counsel by
he court imposing sentence or by the
ourt of Appeals, the Court of Appeals
lay allow TO such counsel fee in such
mount as the Court shall think proper
or his services in connection with such
ppeal such fee to be paid by the State.
s2l. Certiorari to secure uniformity
decision.
In any case, civil or criminal, in which
final Judgment has been rendered by
he circuit court of any count or by one
the courts of Baltimore City upon ap-
cal from a justice of the peace, peoples
ourt, trial magistrate lori, traffic court
magistrate, or Municipal Court of Baii.
more City if it shall be made to appear
o the Court of Appeals upon petition of
any party that a review is necessary to
'ecure uniformity of decision, as where
the same statute has been construed diff
crently by the courts of two or more
circuits, or that there are other special
circumstances rendering it desirable and
in the public interest that the case should
be reviewed, the Court of Appeals shall
require, by certiorari or otherwise, any