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Session Laws, 1951
Volume 603, Page 1467   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1467

fenders to probation at any time before expiration of
sentence.

WHEREAS, the Court of Appeals of Maryland recently
held in the case of State ex rel Czaplinski vs Warden 75
A (2) 766, that the power of a Criminal Court to modify
sentence in criminal cases expires with the end of the
term of court in which rendered, and the decision has cast
doubt upon the authority of the Criminal Court of Balti-
more City to suspend sentence and grant probation to of-
fenders after the lapse of the term, and

WHEREAS, it is desirable in the opinion of the legisla-
ture that the Judges of the Criminal Court of Baltimore
shall have the power and authority to suspend sentence
and grant probation at any time before expiration of sen-
tence.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That section 277 of the Baltimore City Charter and Public
Local Laws of Baltimore City (1949 Edition), title "Pro-
bation and Suspension of Sentence" be and it is hereby
repealed and re-enacted, with amendments, to read as
follows:

277. The Criminal Court of Baltimore City (and the
several parts thereof as heretofore, or may hereafter be,
instituted), before conviction of any person accused of
crime, with the written consent of the person so indicted
(including persons appealing from convictions before
Police Magistrates and Justices of the Peace assigned to
the Juvenile Court and to the Traffic Court in Baltimore
City) whether infant or adult; and after conviction or
after plea of guilty or of nolo contendere, without such
assent, are empowered [during the term of court in which
such consent, conviction or plea is had] at any time be-
fore the expiration of any sentence imposed upon such
person
to

(1) Suspend the Exposition of] sentence;

(2) Place such person on probation before or after
commitment and incarceration;

(3) And in all such cases above named to make such
written conditions of suspension of sentence and proba-
tion as the Court may deem proper.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1951.

Approved April 27, 1951.


 

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Session Laws, 1951
Volume 603, Page 1467   View pdf image (33K)
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