ART. 27] BUBGLABY. 321

tiguous to or used with any mansion house, and stealing from thence
any money, goods or chattels to the value of one dollar or upwards, or
as being accessory thereto, shall restore the thing taken to the owner
thereof, or shall pay him the full value thereof, and shall be sentenced
to the penitentiary for not less than two nor more than ten years.

1906, ch. 476. 1908, ch. 45.

35. Any person who breaks and enters, either by day or by night,
any building, whether inhabitated or not, and opens or attempts to open
any vault, safe or other secure place by the use of nitroglycerine, dyna-
mite, gunpowder or other explosive, shall be deemed guilty of burglary
with explosives.

The granting of a motion to sever is within the discretion of the trial
court. It is sufficient if an indictment charges an offense in the language
of a statute. This section is constitutional and valid. Burglary is a fel-
ony. Object of this section. Smith v. State, 106 Md. 39 (decided prior to
the act of 1908, chapter 45).

1906, ch. 476. 1908, ch. 45.

36. Any person duly convicted of burglary with explosives shall be
sentenced to the penitentiary for not more than 40 years.

Cigarettes.

1914, ch. 835.

37. Any person who shall furnish to any minor, by gift, sale or
otherwise, any cigarette or cigarette paper, shall be guilty of a mis-
demeanor, and upon conviction thereof shall be sentenced to pay a fine
of not less than twenty-five dollars nor more than fifty dollars for the
first offense, and for each subsequent offense shall be liable for a fine of
not less than one hundred dollars nor more than three hundred dollars
and to undergo an imprisonment in the jail of the proper county for a
period of not less than thirty days nor more than six months, and on
failure to pay the fine and costs of prosectvtion, shall be required to
work the same out on the public roads.
See section 38.

1914, ch. 835.

38. Any minor being in possession of a cigarette or cigarette paper
and being by any police officer, constable, juvenile court officer, truant
officer or teacher in any school asked where and from whom such ciga-
rette or cigarette paper was obtained, who shall refuse to furnish such
information, shall be guilty of a misdemeanor, and upon conviction
thereof before any alderman, magistrate or justice of the peace, shall be
sentenced to pay a fine not less than five dollars nor more than ten
dollars, and on failure to pay the fine and costs of prosecution, shall be
sentenced to be confined in the jail of the proper county for a period of
net* less than ten days or more than thirty days; provided; however,
that nothing contained in this or the preceding section shall apply to
Baltimore City or any County in the State of Maryland, except Gar-
rett County.

*Evidently a typographical error in the act.

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