ART. 27] MURDER. 427

nay, grain, horses, cattle, goods, wares or merchandise, shall be murder
in the first degree.

See notes to section 362.

1904, art. 27, sec. 332. 1888, art. 27, sec. 213. 1860, art. 30. sec. 140.
1809, ch. 138, sec. 3.

365. All murder which shall be committed in the perpetration of,
or attempt to perpetrate any rape, sodomy, mayhem, robbery, or bur-
glary shall be murder in the first degree.
See notes to section 362.

Ibid. sec. 333. 1888, art. 27, sec. 214. 1860, art. 30, sec. 142.
1809, ch. 138, sec. 3.

366. All other kinds of murder shall be deemed murder in the
second degree.

See notes to section 362.

Ibid. sec. 334. 1888, art. 27, sec. 215. 1860, art. 30, sec. 143.
1800, ch. 138, sec. 3.

367. And the jury before whom any person indicted for murder
shall be tried shall if they find such person guilty thereof ascertain in
their verdict whether it be murder in the first or second degree; but if
such person be convicted by confession, the court shall proceed, by
examination of witnesses, to determine the degree of the crime, and to
give sentence accordingly; and every person liable to be prosecuted
for petit treason shall in future be indicted, proceeded against and pun-
ished as is directed in other kinds of murder, according to the degree.
In a trial for murder, a verdict of "guilty" is insufficient, since the jury
must determine in their verdict the degree of the crime. Where the opin-
ion of the trial court set out in the record shows that the jury did not at
any time find the prisoner "guilty of murder in the first degree," a judg-
ment sentencing the prisoner to be hanged may be reviewed, although the
docket entries show a verdict in due form of "guilty of murder in the first
degree." In case of a mistrial, the indictment being good, the prisoner
may be tried anew on the same indictment. Ford v. State, 12 Md. 543.
And see Williams v. State, 60 Md. 403.

The traverser is entitled as a matter of right to a poll of the jury, and
may only be convicted upon the concurrence of each juror. How a poll
should be conducted. Williams v. State, 60 Md. 403. And see Ford v.
State, 12 Md. 543.
See notes to section 362.

Ibid. sec. 335. 1888, art. 27, sec. 216. 1860, art, 30, sec. 144. 1809, ch. 138,
sec. 4. 1908, ch. 115.

368. Every person convicted of murder in the first degree, his or
her aiders, abettors and counsellors shall suffer death, or undergo a
confinement in the penitentiary of the State for the period of their nat-
ural life, in the discretion of the court before whom such person may
be tried.

See notes to section 362.