CRIMES AND PUNISHMENTS. 1075

testament or codicil, shall be punished in the same manner as robbery or
larceny of goods and chattels.

The offenses created by this section and sec. 470 were unknown to common law.
Certainty is required in criminal pleading. Where there is no valid indictment,
traverser may be re-arrested, re-indicted and tried again—see notes to sec. 470.
Kearney v. State, 48 Md. 23.

A "silver certificate " issued by the United States held not to be a promissory
note within meaning of this section. Certainty is required in criminal pleading.
Stewart v. State, 62 Md. 413. And see Smith v. State, 67 Md. 169.

An indictment under this section need not charge that the bank note is the note
of a particular bank. Foster v. State, 71 Md. 554.

Indictment for larceny of bank notes charging the offense in the language of this
section, is sufficient. Conclusion of indictment where an offense is created by one
statute and punishment prescribed by another. Bank notes are considered as money,
and the sum which they promise upon their face to pay determines their value as
respects the graduating of the offense of larceny. State v. Cassell, 2 H. & G. 303.

See notes to sec. 318.

Larceny—Buoys.

An. Code, sec. 288. 1904, sec. 264. 1888, sec. 159. 1817, ch. 86.

321. Every person, his aiders and abettors, who shall be convicted
before any court exercising criminal jurisdiction at the place where the
offender may be arrested or may reside of the crime of stealing, cutting
away or in any manner wilfully injuring any of the buoys, their mooring
chains and stones, which are now moored, or may hereafter be moored,
in the Patapsco river or the Chesapeake hay, by the direction of the
insurance companies of the city of Baltimore, shall be sentenced to the
penitentiary for a period of not less than eighteen months nor more than
seven years, at the discretion of the court.

Larceny—Corn and Willows, Melons, Fruits, Vegetables.

An. Code, sec. 289. 1904, sec. 265. 1888, sec. 160. 1837, ch. 361. 1849, ch. 484. 1892, ch. 678.

322. The taking and carrying away by any person of corn from the
stalk of the quantity of a peck or more, or the taking and carrying away
of willows from the stump of the weight of five pounds or more, or the
taking and carrying away of melons from the vine, fruits from the trees
or roots and vegetables from the soil, with a malicious intent to convert
the same to his own use shall be deemed a misdemeanor, and any person
guilty of the same shall upon conviction he fined not more than fifty
dollars, or be sentenced to imprisonment in the house of correction for not
more than twelve months, or be both fined and imprisoned in the discretion
of the court.

Larceny—Dogs.

An. Code, sec. 290. 1904, sec. 266. 1888, sec. 161. 1882, ch. 110.

323. Every person convicted of feloniously taking and carrying away
any dog or bitch, or as accessory thereto before or after the fact shall be
deemed guilty of the crime of larceny, and shall restore the dog or bitch
to the owner thereof, or shall pay to him the value thereof, and shall be
sentenced to confinement in jail for not more than three months.