ART. 27] OBSTRUCTING RAILROADS. 441

offense, or be subject to imprisonment for not more than one year in the
county or city jail or the House of Correction, in the discretion of such
justice of the peace or court, or if such person be a minor under sixteen
years of age, he may, in the discretion of such justice of the peace or
court, be committed for not more than two years to any reformatory
institution provided by law and authorized to receive minors so con-
victed.

1912, ch. 97.

419. Whoever shall throw from any window, door or transom of
any passenger car, including dining, cafe, smoking, sleeping and private
cars, while the same is in motion, any bottle or other article of glass,
wood, metal or stone, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than twenty-five dollars
before any justice of the peace or any court of competent jurisdiction,
nor more than one hundred dollars for each such offense, or be subject
to imprisonment for not more than six months in the city or county
jail or the House of Correction, in the discretion of such justice of the
peace or Court.

Rape.

1901, art. 27, sec. 368. 1888. art. 27, sec. 232. 1860, art. 30, sec. 161.
1809, ch. 138, sec. 4.

420. Every person convicted of the crime of rape or as being acces-
sory thereto before the fact shall, at the discretion of the court, suffer
death or undergo a confinement in the penitentiary for not less than
eighteen months nor more than twenty-one years; and penetration shall
be evidence of rape, without proof of emission.

Where there are two counts in an indictment, the first charging rape
and the second an assault with intent to rape, and the jury finds the
traverser guilty of the charge in the first count without passing upon the
second count, the verdict is sufficient, the minor offense being merged.
Stevens v. State, 66 Md. 202. Cf. State v. Sutton, 4 Gill, 494. And see
Burk v. State, 2 H. & J. 426.

Ibid. sec. 369. 1888, art. 27, sec. 233. 1860, art. 30, sec. 162. 1809, ch. 138,
sec. 4. 1890, ch. 410. 1892, ch. 204.

421. If any person shall carnally know and abuse any woman child
under the age of fourteen years, or knowingly carnally know and abuse
any woman who is an imbecile, non compos mentis or insane, of any
age whatever, every such carnal knowledge shall be deemed felony, and
the offender being convicted thereof shall at the discretion of the court
suffer death or imprisonment for life in the penitentiary, or for a defi-
nite period, not less than eighteen months nor more than twenty-one
years.

Cited but not construed in Baum v. Warden of Jail, 110 Md. 581.

Ibid. see. 370. 1898, ch. 218, sec. 233A.

422. If any person shall carnally know any female not his wife.
between the ages of fourteen and sixteen years, such carnal knowledge