1096 ARTICLE 27.

verdict whether it be murder in the first or second degree; but if such person
be convicted by confession, the court shall proceed, by examination of wit-
nesses, to determine the degree of the crime, and to give sentence accord-
ingly; and every person liable to be prosecuted for petit treason shall in
future be indicted, proceeded against and punished as is directed in other
kinds of murder, according to the degree.

In a trial for murder, a verdict of " guilty " is insufficient, since the jury must
determine in their verdict the degree of the crime. Where opinion of the trial
court set out in the record shows that the jury did not at any time find prisoner
" guilty of murder in the first degree," a judgment sentencing prisoner to be hanged
may' be reviewed, although docket entries show a verdict in due form of " guilty of
murder in the first degree." In case of a mistrial, the indictment being good, prisoner
may be tried anew on same indictment. Ford v. State, 12 Md. 543. And see
Williams v. State, 60 Md. 403.

Traverser is entitled as a matter of right to a poll of the jury, and may only be.
convicted upon concurrence of each juror. How a poll should be conducted.
Williams v. State, 60 Md. 403. And see Ford v. State, 12 Md. 543.

See notes to sec. 397.

An Code, sec. 368. 1904, sec. 335. 1888, sec. 216. 1809, ch. 138, sec. 4. 1908, ch. 115.

1916, ch. 214.

403. Every person convicted of murder in the first degree, his or her
aiders, abettors and counsellors, shall suffer death, or undergo a confine-
ment in the penitentiary of the State for the period of their natural 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.

See notes to sec. 397.

An. Code, sec. 369. 1904, sec. 336. 1888, sec. 217. 1809, ch. 138, sec. 4.

404. 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 sec. 397.

Death Penalty.

1922, ch. 465, sec. 1.

405. If an offender, on conviction, may be sentenced to suffer death,
the Court before whom such offender shall be tried and convicted, shall
sentence him to suffer death by hanging by the neck; and when a case has
been removed for trial and the party shall be sentenced to be hung, the
Court shall remand him to the place where the indictment was found, where
such offender shall remain in the custody of the Sheriff of that county or
city for disposition as hereinafter provided.
See secs. 565 and 566.