426 CRIMES AND PUNISHMENTS. [ART. 27

character wherein is conducted any business tending to demoralize by
example or contact said minor.

This section is a duplicate of article 23, section 376.

1910. ch. 587 (p. 66).

361. Any company .or representative thereof who shall violate the
provisions of sections 358 to 360 shall be subject -to a fine of not less
than one hundred dollars nor more than five hundred dollars, or sixty
days in jail or both, at the discretion of the court, for each and every
offense.

This section is a duplicate of article 23, section 377.

Murder.

1904, art. 27, sec. 329. 1888, art. 27. sec. 210. 1860, art. 30, sec. 137. 1809, ch. 138,

sec. 3. 1824, ch. 144.

362. All murder which shall be perpetrated by means of poison,
or lying in wait, or by any kind of wilful, deliberate and premeditated
killing shall be murder in the first degree.

In an indictment for murder, the circumstances determining the degree
as defined by this and the following sections need not be averred. Object
of the act of 1809, ch. 138, in dividing murder into degrees. An indictment
for murder in the technical language of the common law, includes all
circumstances of aggravation and the traverser is liable to be convicted
of the inferior as well as of the higher grades of that offense and vice
versa. When a statute creates an offense or increases the punishment
thereof, the indictment must aver the circumstances constituting the offiense
or increasing the punishment. Clerical misprision. Arraignment and plea
need not be repeated when the case is removed thereafter. Docket entries.
A writ of error held not to lie as the alleged errors were subjects of
demurrer—see section 496. Davis v. State, 39 Md. 370. And see Weig-
horst v. State, 7 Md. 451.

The act of 1809, ch. 138, in dividing the common law crime of murder
into first and second degrees and attaching corresponding penalties, did not
create a new offense. Hanan v. State, 63 Md. 126.

Since murder was one of the crimes enumerated in the act of 1793,
chapter 57, section 10, a person convicted thereof might be sentenced to
labor on the public roads. State v. Negro Ben, 1 H. & J. 99.

This section referred to in construing section 15—see notes thereto.
Foote v. State, 59 Md. 269.

This section referred to in construing section 122—see notes thereto.
Negro Hammond v. State, 14 Md. 148.

See section 508 and notes to section 367.

As to indictments for murder, see section 506.

Ibid. sec. 330. 1888, art. 27, sec. 211. 1860, art. 30, sec. 138.
1809, ch. 138, sec. 3.

363. All murder which shall be committed in the perpetration of,
or attempt to perpetrate any arson, shall be murder in the first degree.
See notes to section 362.

Ibid. sec. 331. 1888, art. 27, sec. 212. 1860, art 30, sec. 139.
1809, ch. 138, sec. 3.

364. All murder which shall be committed in the burning or attempt-
ing to burn any barn, tobacco house, stable, warehouse or other out-
house, not parcel of any dwelling house, having therein any tobacco,