On January 17, 1944, this Court dismissed the appeal. State v. Jones and Dail, 182 Md. 368, 34 A.2d 775. While the subsequent developments do not clearly appear from the record in the case at bar, it appears from the record in No. 33 of this term, Dail v. State, 183 Md. 682, 39 A.2d 752, and from the briefs of counsel in the case at bar, that on February 17, 1944, Dail was charged before a trial magistrate with unlawful possession of the same alcoholic beverages on April 24, 1943, for purpose of sale. The State prayed a jury trial, and the papers were transmitted to the Circuit Court on April 1, 1944, where the case was tried before a jury on May 8, 1944, resulting in his conviction and sentence to serve one year in the House of Correction, despite his objections to the use of the beverages in evidence.
Rayner v. State, 52 Md. 368; Judefind v. State, 78 Md. 510, 28 A. 405, 22 L.R.A. 721; Green v. State, 113 Md. 451, 77 A. 677; Hendrick v. State, 115 Md. 552, 81 A. 18; Norris v. State, 158 Md. 700, 150 A. 261. After the decisions of this Court to the same effect in the very recent cases of Dail v. State, 183 Md. 682, 39 A.2d 752, and Dail v. Price, 184 Md. 140, 143, 40 A.2d 334, the Legislature by the Acts of 1945, Chapter 845, Sections 13 and 13A, supra, amended Article 52, § 13 and 52, § 13A and provided among other things that in the State of Maryland except in Baltimore City, "except in cases of appeal from the judgment of the Trial Magistrate, the accused shall be entitled to an appeal to the Court of Appeals from the judgment of the Circuit Court." Therefore, in a situation similar to this in the counties the appellant would have had the right of appeal to this Court.