320 CRIMES AND PUNISHMENTS. [ART. 27

therefor by indictment, and shall on conviction thereof be punished by
fine not exceeding five hundred dollars, or by imprisonment not exceed-
ing three months, or both, according to the nature and aggravation of
the offense.

An indictment held not to be under this section but for a conspiracy

having for its object an unlawful and criminal purpose. Garland v. State,

112 Md. 90.

3904, art. 27, sec. 29. 1888, art. 27, sec. 26. 1860, art. 30, sec. 20. 1799, ch. 50,
sec. 18.. 1805, ch. 97, sec. 29. 1811, ch. 204.

31. If any candidate at an election to- be held under the constitution
and laws of this State, or any other person whatever, shall at any time
before or on the day of any election give or bestow, or directly or indi-
rectly promise any gift or reward to secure any person's vote or ballot
at any such election, or shall keep or suffer to be kept any house, tent,
booth, or other accommodation in any part of any district at any time
during the day of holding such election, and before the close thereof,
at his expense, where any victuals or intoxicating liquors shall be gratu-
itously given or dealt out to voters, every such person or candidate so
offending shall, on conviction thereof in the court of the county or city
wherein such offense may be committed, be fined at the discretion of the
court a sum not exceeding five hundred dollars, and suffer such impris-
onment as the court may adjudge, not exceeding six months and such
other penalties as are prescribed by the constitution; one-half of the
fine to go to the informer.

Burglary.

Ibid. sec. 30. 1888, art. 27, sec. 27. 1860, art. 30, sec. 21. 1809, ch. 138, sec. 5.

32. Every person convicted of the crime of burglary, or as accessory
thereto before the fact, shall restore the thing taken to the owner thereof,
or shall pay him the full value thereof and be sentenced to the peni-
tentiary for not less than three nor more than ten years.

Since one of the elements of burglary is a felonious intent, it is material
to show for what purpose the traverser entered the house; hence it may
be shown that he entered for the purpose of having carnal intercourse with
the owner. Robinson v. State, 53 Md. 151.

Ibid. sec. 31. 1888, art. 27, sec. 28. 1860, art. 30, sec. 22. 1809, ch. 138, sec. 5.

33. Every person, his aiders, abettors and counsellors, who shall be
convicted of the crime of breaking a dwelling-house in the day time
with intent to commit murder or felony therein, or breaking a store-
house, warehouse or other out-house in the day or night with an intent
to commit murder or felony therein shall be sentenced to the peni-
tentiary for not less than, two nor more than ten years.

Ibid. sec. 32. 1888, art. 27, sec. 29. 1860, art. 30, sec. 23. 1737, ch. 2,
sec. 2, 1809, ch. 138, sec. 5.

34. Every person convicted of the crime of breaking into any shop,
storehouse, tobacco house or warehouse, although the same be not con-