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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 11   View pdf image (33K)
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MISCELLANEOUS—THE REFERENDUM. 11

Sec. 2.

Idea that City of Baltimore stands in place of and has all power that Legisla-
ture could exercise in Baltimore City negatived by this section. Nothing in
Charter of Baltimore authorizes it to delegate or transfer legislative powers
delegated to it to any other agency. See notes to art. 23, Declaration of Rights.
Tighe v. Osborne, 149 Md. 360.

Art. 56, sec. 210, Code, void under this article. State v. Stewart, 152 Md. 420.

Sec. 4.

This section referred to in construing art. 60, sec. 3—see notes thereto. West
v. Musgrave, 154 Md. 43.
See notes to sec. 2.

Sec. 5.

See notes to sec. 1.

ARTICLE XV.

MISCELLANEOUS.

Sec. 1.

Sec notes to art. 3, sec. 52, of Constitution.

Sec. 5.

In view of this section, motion of traveller's counsel to strike out evidence
cannot be entertained in criminal cases. Court only determines admissibility of
testimony and competency of witnesses. Rasin v. State. 153 Md. 435.

In view of this section, legal sufficiency of testimony to sustain indictment
may not be submitted to trial court as question of law; admissibility of evi-
dence is for court. Deibert v. State, 150 Md. 685.

While in view of this section court cannot give binding instructions in crim-
inal cases, advisory instructions may be given; this practice long sanctioned in
Maryland. Klein v. State, 151 Md. 489.

No distinction under this section between motion in arrest of judgment and
motion to strike out verdict and judgment. This section applied. Willis v.
State, 153 Md. 617.

This section referred to in holding comment of court in criminal case, prejudi-
cial error. Newton v. State, 147 Md. 87.

Sec. 6.

Art. 16, sec. 246, of Code, not invalid under this section—see notes thereto.
Balto. Process Co. v. My-Coca Co., 144 Md. 445.

ARTICLE XVI.

THE REFERENDUM.

Sec. 1.

As this article does not apply to Public Local Laws affecting political sub-
divisions of State other than Baltimore City or a county, provision of act 1924.
ch. 520 (creating Metropolitan District of Baltimore County), making it effec-
tive from date of its passage, not invalid under this article. This article quali-
fies art. 3, sec. 31, of Constitution; latter applicable. Declaration that act is
emergency measure nugatory if act not within terms of this article. Whole


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 11   View pdf image (33K)
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