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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 226   View pdf image (33K)
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226 CRIMES AND PUNISHMENTS. [ART. 30.

83. All indictments for offences forbidden by any statute or
statutes, or for offences the punishment of which is contained in
the same clause of any statute with the prohibition of the offence,
may conclude as for offences at common law, and where any
offence which is a misdemeanor at common law may have been
made a felony by statute, the misdemeanor shall not be merged
in the felony, but the indictment may contain counts for the said
felony and also for the misdemeanor.

84. In any indictment for false pretences, it shall not be neces-
sary to state the particular false pretences intended to be relied
on in proof of the same, but the defendant, on application to the
State's Attorney before the trial, shall be entitled to the names
of the witnesses and a statement of the false pretences intended
to be given in evidence.

85. In any indictment for violation of the law prohibiting
gaming, or for violation of the law prohibiting the drawing of
lotteries or the selling of lottery, tickets or other device in the
nature thereof, it shall not be necessary to set forth the particu-
lar kind of gaming or gaming table, or to set forth the particular
scheme of lottery, but it shall be sufficient if the indictment sets
forth that the defendant kept "a gaming table," or that "he
drew a lottery" or sold "a lottery ticket," as the case may be,
but the defendant may by application to the State's Attorney,
obtain a statement more particularly describing the offence in-
tended to be proved under such indictment.

86. All indictments under the last preceding section may be
amended at any time before verdict so as to present properly
the merits of the charge, and the court may permit such amend-
ment after the jury is sworn and proceed with the trial, or the
court may, in its discretion, allow a juror to be withdrawn and
continue the case.

INSURRECTION.

87. Every free negro or slave who shall be convicted of act-
ually raising, and every white person who shall be convicted of
actually raising, with any free negro or slave, insurrection or
rebellion in this State, shall suffer death. And every free negro
or slave who shall be convicted of consulting, conspiring, or
attempting to raise, and every white person who shall be con-
victed of consulting, conspiring or attempting, with any free
negro or slave, to raise insurrection in this State, shall be sen-

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 226   View pdf image (33K)
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