674

LAWS OF MARYLAND.— 1809.

Murder of
the first
degree.

SEC. 3. And whereas the several offences which are included
under the general denomination of murder, differ so greatly from
each other in the degree of their atrociouness, that it is unjust to
involve them in the same punishment; therefore, Be it enacted,
That all murder which shall be perpetrated by means of poison,
or by lying in wait, or by any kind of wilful, deliberate and
premeditated killing, or which shall be committed in the perpe-
tration of, or attempt to perpetrate, any arson, or to burn any
barn, tobacco-house, stable, warehouse, or other out-house, not
parcel of any dwelling-house, having therein any tobacco, grain,
hay, horses, cattle, or goods, wares and merchandise, rape,
sodomy, mayhem, robbery or burglary, shall be deemed murder
of the first degree; and all other kind of murder shall be deemed

Of the
second
degree.

murder of the second degree ; and the jury before whom any
person indicted for murder shall be tried, shall, if they find such
persons guilty thereof, ascertain iri their verdict, whether it be
murder in the first or second degree; but if such person be con-
victed by confession, the court shall proceed, by examination of
witnesses, to determine the degree of the crime, and to give
sentence accordingly ; and every person liable to be prosecuted

Petit
treason.

for petit treason shall in future be indicted, proceeded against
and punished, as is directed in other kinds of murder, according
to the degree.

II. Punish-
ments of
offences
affecting
life or per-
son.

SEC. 4. And be it enacted, That the offences herein after men-
tioned, affecting the lives or the persons of individuals, shall
be punished in manner following; that is to say, 1st. Every
person convicted of murder of the first degree, his or her aiders,

1. Of mur-
der of the
first degree.
2. Of mur-
der of the
second
degree.

abettors and counsellors, shall suffer death, by hanging by the
neck. 2d. Every person duly convicted of the crime of murder
in the second degree, or as accessary thereto, shall be sentenced
to undergo a. confinement in the penitentiary house herein after
mentioned for a period riot less than five nor more than eigh-
teen years, under the same conditions as are herein after directed.

3. Of man-
slaughter.

3d. Every person duly convicted of the crime of manslaughter,
shall be sentenced to undergo a confinement in the said peniten-
tiary for a period not more than ten years, to be dealt with as

4. Of may-
hem, and
tarring and
feathering.

hereinafter directed. 4th. Every person, his or her aiders and
abettors, who shall be duly convicted of the crime of may-
hem, or of tarring and feathering, shall be sentenced to undergo
a confinement in the said penitentiary house for a space of time
not more than ten years, to be treated as herein directed. 5th.

5. Of cat-
ting out the
tongue, put-
ting out an
eye, &c.

Every person, his or her aiders, abettors and counsellors, who
shall be duly convicted of the crime of cutting out or disabling
the tongue, putting out an eye, slitting the nose, cutting or biting
off the nose, ear or lip, or cutting or biting off or disabling any
limb or member of any person, of malice aforethought, with