ART, 27] LARCENY. 405

1904, art. 27, sec. 263. 1888, art. 27, sec. 158. 1860, art. 30, sec. 101. 1793, ch. 35,
sec. 1. 1797, ch. 96, sec. 1. 1799, ch. 75, sec. 3. 1809, ch. 138, sec. 6.

287. Robbery or larceny of any obligation or bond, bill obligatory
or bill of exchange, bank note or notes, promissory notes for the pay-
ment of money, check or order drawn on any bank of this State, or any
other State, paper bill of credit, certificate granted by or under the
authority of this State, or of the United States, or any of them, or any
last will and testament or codicil, shall be punished in the same manner
as robbery or larceny of goods and chattels.

The offenses created by this section and section 423 were unknown to
the common law. Certainty is required in criminal pleading. Where there
is no valid indictment, the traverser may be re-arrested, re-indicted and
tried again—see notes to section 423. Kearney v. State, 48 Md. 23.

A "silver certificate" issued by the United States held not to be a prom-
issory note within the meaning of this section. Certainty is required in
criminal pleading. Stewart v. State. 62 Md. 413. And see Smith v. State,
67 Md. 169.

An indictment under this section need not charge that the bank note is
the note of a particular bank. Foster v. State, 71 Md. 554.

An indictment for the larceny of bank notes charging the offense in the
language of this section, is sufficient. Conclusion of indictment where an
offense is created by one statute and the punishment prescribed by another.
Bank notes are considered as money, and the sum which they promise upon
their face to pay determines their value as respects the graduating of the
offense of larceny. State v. Cassell, 2 H. & G. 303.
See notes to section 285.

Larceny—Buoys.

Ibid. sec. 264. 1888, art. 27, sec. 159. 1860, art. 30, sec. 103. 1817, ch. 86.

288. Every person, his aiders and abettors, who shall be convicted
before any court exercising criminal jurisdiction at the place where
the offender may be arrested or may reside of the crime of stealing,
cutting away or in any manner wilfully injuring any of the buoys,
their mooring chains and stones, which are now moored, or may here-
after be moored, in the Patapsco river or the Chesapeake bay, by the
direction of the insurance companies of the city of Baltimore, shall be
sentenced to the penitentiary for a period of not less than eighteen
months nor more than seven years, at the discretion of the court.

Larceny—Corn and Willows, Melons, Fruits. Vegetables.

Ibid. sec. 265. 1888, art. 27, sec. 160. 1860, art. 30, sec. 102. 1837, ch. 361
1849, ch. 484. 1892, ch. 678.

289. The taking and carrying away by any person of corn from
the stalk of the quantity of a peck or more, or the taking and carrying
away of willows from the stump of the weight of five pounds or more,
or the taking and carrying away of melons from the vine, fruits from
the trees or roots and vegetables from the soil, with a malicious intent
to convert the same to his own use shall be deemed a misdemeanor, and
any person guilty of the same shall upon conviction be fined not more
than fifty dollars, or be sentenced to imprisonment in the house of cor-
rection for not more than twelve months, or be both fined and impri-
soned in the discretion of the court.