312 CRIMES AND PUNISHMENTS. [ART. 27

office or building belonging to this State, or to any county, city or town
of this State; and whoever shall wilfully and maliciously burn, or
attempt or conspire to burn, any church, college, university, academy,
home, hospital or infirmary, whether the same be public or private
property, every such person, his aiders, abettors or counsellors, and each
of them, shall be deemed felons, and, upon conviction, shall, in the dis-
cretion of the court, suffer death, or be confined in the penitentiary for
not more than twenty years.

1904, art. 27, sec. 10. 1888, art, 27, sec. 10. 1860, art. 30. sec. 6.
1809. ch. 138, sec. 8.

10. Every person convicted of the crime of wilfully and maliciously
burning or destroying, or attempting or conspiring to burn or destroy,
any public arsenal or magazine of provisions, or of military or of naval
stores, belonging to this State, or subject to the jurisdiction of this State,
or of wilfully or maliciously burning or destroying, or attempting or
conspiring to burn or destroy, any military or na,val stores, ship or ves-
sel belonging to this State, the United States, or any one of them, shall
suffer death by hanging, or be sentenced to the penitentiary for a period
not less than three nor more than ten years.

Ibid. sec. 11. 1888. art. 27, sec. 11. 1860, art. 30. sec. 7. 1751, ch. 7.

1845, ch. 381.

11. If any person shall maliciously set on fire any fence or fencing,
or any straw, stack or stacks or ricks of straw, or any hay or mowed
grass, or other grass, or any tobacco, he shall on conviction thereof be
sentenced to the penitentiary for not less than two nor more than four
years.

The act of burning a stack of hay is not a felony either at common law,
under this section or under the act of 1800, ch. 138; an indictment for a
felony can not lie sustained as an indictment for a misdemeanor. Where
the indictment charged that the traverser had "feloniously." etc., and the
jury found him guilty of having "feloniously," etc., burned the stack of
hay. no judgment can be pronounced under this section. Black v. State. 2
Md. 379.

Ibid sec. 12. 1888, art. 27. sec. 12. 1860, art. 30, sec. 8. 1744, ch. 5.
1809. ch. 138, sec. 5. 1904, ch. 267.

12. Every person, his aiders, abettors and counsellors, who shall be
convicted of the crime of wilfully and maliciously burning any mill,
distillery, manufactory, bam. meat house, tobacco house, stable, ware-
house, storehouse, granary, barracks, distillery or other outhouse not
parcel of any dwelling house, whether the same shall be the property of
the offender or of any other person, with intent thereby to injure or
defraud any person, shall be deemed a felon, and shall, in the discretion
of the court, be sentenced to the penitenitary for not less than two nor
more than twenty years.

Under this section, a party may be indicted for wilfully burning a school
house not parcel of a dwelling house; the "wilful" burning beiiig the of-
fense provided against. Jones v. Hungerford, 4 G. & ,T. 402 (decided prior
to the act of 1904. ch. 267).