428 CRIMES AND PUNISHMENTS. [ART. 27

1904, art. 27, sec. 336. 1888, art. 27, sec. 217. 1860, art. 30, sec. 145.
1809, ch. 138, sec. 4.

369. Every person convicted of the crime of murder in the second
degree, or as accessory thereto, shall be sentenced to the penitentiary
for not less than five nor more than eighteen years.
See notes to section 362.

Negroes—Fornication With.

Ibid. sec. 337. 1888. art. 27, sec. 218. 1860, art. 30, sec. 151.
1715, ch. 44, sec. 25.

370. Any white woman who shall suffer or permit herself to be got
with child by a negro or mulatto, upon conviction thereof in the court
having criminal jurisdiction, either in the city or county where such
child was begotten or where the same was born, shall be sentenced to
the penitentiary for not less than eighteen months nor more than five
years.

This section referred to in a slander suit. Hemming v. Elliott, 66 Md.
200.

Obscene Publications.

Ibid. sec. 338. 1888, art. 27, sec. 219. 1860, art. 30, sec. 78. 1853, ch. 183.

371. Whenever any newspaper or other periodical publication,
printed, issued or published in this State shall contain any obscene or
licentious matter, whether the same be contained in any professional
or other advertisements or in any other article, whether original, com-
municated or copied from any other publication, every proprietor and
publisher shall be held to be guilty of a misdemeanor and on conviction
thereof shall be punished by a fine of not less than twenty nor more
than two hundred dollars and imprisoned for not less than ten days
nor more than one year, in the discretion of the court in which the
conviction shall be had; and each successive number of any newspaper
or periodical containing any such obscene or licentious matter shall be
deemed a new publication thereof and shall subject every proprietor and
publisher to indictment and punishment as for a distinct offense.

In an indictment under this section where the character of the publica-
tion is only disclosed by explanatory words and inuendoes, it is necessary
to aver that it was so known and understood by the publisher. Extrinsic
facts and circumstances must be set out in the indictment where the true
character and meaning of the publication is gathered from them. Nichol-
son v. State, 36 Md. x.

Ibid. sec. 339. 1888. art. 27, sec. 220. 1886, ch. 490. 1894, ch. 271.

372. If any person shall bring or cause to be brought into this State
for sale or exhibition, or shall sell, lend, give away or offer to give
away, or show or have in his or her possession with intent to sell or give
away, or to exhibit, show, advertise or otherwise offer for loan, gift,
sale or distribution any lewd, obscene or indecent book, magazine,
pamphlet, newspaper, story paper, writing paper, picture, card, draw-
ing or photograph, or any article or instrument of indecent or immoral