1014 . ARTICLE 27.

criminal court of Baltimore shall adjudge and direct; and if any keeper,
deputy, assistant keeper, or other person shall aid or assist in the escape
of any offender confined in the penitentiary, he shall, on conviction thereof
by the criminal court of Baltimore, undergo such confinement in the said
penitentiary as the said court may adjudge, not less than eighteen months
nor more than ten years.
See sec. 661, et seq.

False Pretenses.

An. Code, sec. 122. 1904, sec. 112. 1888, sec. 82. 1835, ch. 319, secs. 1, 2.

139. Any person who shall by any false pretense obtain from any
other person any chattel, money or valuable security, with intent to de-
fraud any person of the same, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable, at the discretion of the court, to be pun-
ished by fine and imprisonment, or by confinement in the penitentiary
for not less than two years nor more than ten years, as the court shall
award; provided always, that if upon the trial of any person indicted for
such misdemeanor it shall be proved that he obtained the property in ques-
tion in any such manner .as to amount in law to larceny or robbery, he
shall not by reason thereof be entitled to be acquitted of such misdemeanor;
and no person tried upon such misdemeanor shall be afterwards liable
to be prosecuted for larceny or robbery upon the same facts; and provided
also, that a mere promise for future payment, though not intended to be
performed, shall not be sufficient to authorize a conviction under this
section.

While in indictment under this section the false pretenses intended to be relied
upon need not be set out, indictment in other respects must fully inform accused of
the charge, must enable the court to determine whether facts alleged constitute a
crime and must protect traverser against further prosecution for same offense.
This section deals with a subsisting security and not merely the obtention of a
signature to instrument. The ownership of property or securities should be distinctly
alleged, and also that bill of sale or chattel mortgage was assigned or transferred to
traverser by owner, or that something passed to traverser more than mere paper
writing. State v. Blizzard, 70 Md. 390.

A prosecution involving giving of worthless check may still be had under this
section, notwithstanding sec. 141. An intent to defraud is necessary under both
sections; under this section the burden of showing such intent is on the state, while
under sec. 141 burden shifts to the defendant. Evidence. Lyman v. State, 136 Md. 47.

Indictment is insufficient which, in describing the check alleged to have been used
as a false pretense, does not merely follow the language of the statute but refers
indefinitely to and omits any allegation as to nature or ownership of the " credits,
goods and wares." Armacost v. State, 133 Md. 291.

An indictment under this section upheld; see secs. 555 and 558. State D. Edwards,
124 Md. 594.

An indictment under this section for obtaining " current money " is sustained by
proving the obtention of a cheek for the sum charged, the check being the means by
which the money was procured. Schaumloeffel v. State, 102 Md. 474.

This section held applicable to a slave. Negro Hammond v. State, 14 Md. 148.

For a suit for malicious prosecution growing out of an indictment under this
section, see Stansbury v. Fogle, 37 Md. 369.

As to indictments for false pretenses, see secs. 555, 558 and 559.

An. Code, sec. 122A. 1916, ch. 655.

140. Any person who shall by any false pretence obtain a credit or
rating from any person, firm, corporation, association, mercantile or rating