ART. 27] CRIMES AND PUNISHMENTS. 311

Arson and Burning.

1904, art. 27, sec. 6. 1888, art. 27, sec. 6. 1860, art. 30, sec. 2. 1809, ch. 138,
sec. 5. 1904, ch. 267, sec. 6.

6. Every person convicted of the crime of arson, or as being acces-
sory thereto, shall, a.t the discretion of the court, suffer death, or be
sentenced to the penitentiary for not more than twenty years; and the
wilful and malicious burning of any dwelling house, whether the same
shall be in the possession of the offender or in the possession of any
other person, with the intent thereby to injure or defraud any person;,
shall be deemed arson under this section.

The description of the property burned held too indefinite in one count
but sufficient in another count. It is proper ro charge statutory offenses
in the language of the statute creating them. Where a statute contains
an exception so incorporated with its enacting clause (hat the one cannot
be read without the other, the indictment must negative the exception.
The burning of a barn, parcel of a dwelling house, is covered by this sec-
tion. Gibsou v. State, 54 Md. 450 (decided prior to the act of 1904, ch.
267). Gibson v. State was overruled in part in Avirett v. State, 76 Md.
529.

If an indictment does not charge that the burning was done "malicious-
ly," it is defective. Kellenbeck v. State, 10 Md. 437 (decided prior to act of
1904, ch. 267). Cf. Gibson v. State, 54 Md. 452.

An indictment for arson must charge that the house was burned. The
act of 1809, ch. 138, only provided for the punishment of arson without
defining it. Cochrane v. State, 6 Md. 405 (decided prior to the act of 1904,
ch. 267).

Cited but not construed in Hammond v. State, 14 Md. 148.
As to indictments for arson, see section 503:
See notes to section 12.

Ibid. sec. 7. 1888, art. 27, sec. 7. 1860. art. 30. sec. 3. 1831, ch. 208,
sec. 4. 1904, ch. 267.

7. If any person shall wilfully and maliciously set fire to and burn
any untenanted or unfinished dwelling house, whether the same be his
own or the property of another, with intent thereby to injure or defraud
any person, he shall, upon conviction thereof, be confined in the peni-
tentiary for a term of not less than one nor more than ten years.

Ibid. sec. 8. 1888, art. 27, sec. 8. 1860, art. 30, sec. 4. 1809, ch. 138, sec. 5.

8. Every person, his aiders or abettors, who shall be convicted of
the crime of wilfully and maliciously burning any ship or other vessel
of seventeen feet keel or upwards, whether laden or empty, shall be sen-
tenced to the penitentiary for not less than two nor more than twelve
years.

See notes to section 6.

Ibid. sec. 9. 1888, art. 27, sec. 9. 1860, art. 30. sec. 5. 1720, ch. 25.
1809, ch. 138, sec. 8. 1904, ch. 267.

9. Whoever shall wilfully and maliciously burn, or attempt or con-
spire to burn, the State house of this State, or any part thereof, or any
office contained therein, or the building of the commissioner of the land
office, or any part thereof, or of the penitentiary, or any court house, or
any part thereof, or any office contained therein, or any jail, poor house,
magazine or lazaretto, or any public warehouse, or any other public