414 CRIMES AND PUNISHMENTS. [ART. 27

1904, art. 27, sec. 293. 1888, art. 27, sec. 188. 1860, art. 30, sec. 121.
1809, ch. 138, sec. 4.

318. Every person, his aiders, abettors and counsellors, who shall
lie convicted of the crime of cutting out or disabling the tongue, putting
out an eye, slitting the nose, cutting or biting off the nose, ear or lip,
or cutting or biting off or disabling any limb or member of any person,
of malice aforethought, with intention in so doing to mark or disfigure
such person, shall be sentenced to the penitentiary for not less than
two nor more than ten years.

Ibid. sec. 294. 1888, art. 27, sec. 189. 1860, art. 30, sec. 122.
1853, ch. 99, sec. 1.

319. If any person shall unlawfully shoot at any person, or shall
in any manner unlawfully and maliciously attempt to discharge any
kind of loaded arms at any person, or shall unlawfully and maliciously
stab, cut or wound any person, or shall assault or beat any person,
with intent to maim, disfigure or disable such person, or with intent
to prevent the lawful apprehension or detainer of any party for any
offense for which the said party may be legally apprehended or de-
tained, every such offender, and every person counselling, aiding or
abetting such offender shall, upon conviction thereof, be punished by
confinement in the penitentiary for a period not less than eighteen
months nor more than ten years.

An indictment under this section must charge the intent with which the
act is done in the words of this section, else it is demurrable. Penal stat-
utes are to be strictly construed. State v. Elhorn, 27 Md. 488.

Manslaughter.

Ibid. sec. 295. 1888, art. 27, sec. 190. 1860, art. 30, sec. 123. 1864, ch. 39.

320. Every person convicted of the crime of manslaughter shall be
sentenced to the penitentiary for not more than ten years, or in the
discretion of the court may be fined not more than five hundred dollars,
or be imprisoned in jail for not more than two years, or be both fined
and imprisoned in jail.

Manslaughter is a different crime from murder; they do not differ
merely in degree. Hence cm an indictment for murder and a conviction
of manslaughter, the verdict must negative the murder. Weighorst v.
State, 7 Md. 451; State v. Flannigan, 6 Md. 167.

Upon a reversal for an erroneous sentence under this section, formerly
the Court of Appeals had no power to impose the proper sentence or to
remand the case for that purpose—see, however, article 5, section 81.
McDonald v. State, 45 Md. 90.

Marrying Unlawfully.

Ibid sec. 296. 1888, art. 27, sec. 191. 1860, art. 30, sec. 124. 1777, ch. 12,

sec. 2. 1785, ch. 35.

321. If any person shall marry with any person within the three
degrees of direct lineal consanguinity, or within the first degree of col-
lateral consanguinity, each of the parties so marrying, on conviction
thereof, shall forfeit and pay fifteen hundred dollars, or be banished the
State forever.

As to "Marriages" and offenses in connection therewith, see article 62.