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210 CRIMES AND PUNISHMENTS. [ART. XXVII
Murder.
1904, art. 27, sec. 335. 1888, art. 27, sec. 216. 1800, art. 30, sec. 144.
1809, ch. 138, sec. 4. 1908, ch. 115. 1916, ch. 214.
368. Every person convicted of murder in the first degree, his or
Ler 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; provided, however, that the jury in a murder case who render
a verdict of murder in the first degree, may add thereto the words
"without capital punishment," in which case the sentence of the court
shall be imprisonment for life, and in no case where a jury shall have
rendered a verdict in manner and form as hereinbefore prescribed,
'"without capital punishment," shall the court in imposing the sentence,
sentence the convicted party to pay the death penalty.
Passengers—White and Colored—Transportation of.
387.
To the first note to this section on page 433 of volume 3 of the Annotated
Code, add State v. Jenkins, 124 Md. 379.
398.
The act of 1908, chapter 248, will be construed to apply to intrastate
passengers only; hence it is constitutional. When an exception in a statute
and in the constitution need not be negatived in the indictment. Generally
an indictment describing an offence in the language of the statute is suffi-
cient. State v. Jenkins, 124 Md. 378.
Poison—Attempting to.
1917, ch. 8.
409A. Every person, his aiders and abettors, who knowingly and
wilfully poisons, defiles or in any way corrupts or contaminates the
waters of any well, spring, brook, lake, pond, stream, river, reservoir
•or other source of water supply, or any tributary thereof, used or usable
for drinking or domestic purposes, by means of disease germs or bacteria
•or the insertion of any other poison or poisonous matter therein, or
attempts so to do, or conspires or connives thereat, and every person,
his aiders and abettors, who, by like means, knowingly and wilfully
poisons, defiles or in any way corrupts' or contaminates any drink, food
or food products or supply, or attempts so to do, or conspires or con-
nives thereat, shall be guilty of a felony, and upon conviction thereof
shall be subject to imprisonment in the Penitentiary for not more than
twenty years, in the discretion of the Court.
Receiving Stolen Goods, Money or Securities.
1904, art. 27, sec. 371. 1888, art. 27, sec. 234. 1860, art. 30, sec. 163. 1809, ch. 138,
sec. 6. 1892, ch. 546. 1902, ch. 18. 1918, ch. 424.
423. Every person who shall be convicted of the crime of receiving
any stolen money, goods or chattels, knowing the same to be stolen, or
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