CRIMES AND PUNISHMENTS. 1113

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 Cor-
rection, in the discretion of such justice of the peace or Court.

Rape.

An. Code, sec. 420. 1904, sec. 368. 1888, see. 232. 1809, ch. 138, sec. 4.

466. 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 traverser guilty of the charge
in first count without passing upon 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.

An. Code. sec. 421. 1904, sec. 369. 1888, sec. 233. 1809, ch. 138, sec. 4. 1890, ch. 410.

1892, ch. 204.

467. 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 definite period,
not less than eighteen months nor more than twenty-one years.

Prosecuting witness in an indictment for assault with intent to commit rape held
not to be an imbecile within meaning of this section; indictment did not so charge.
Hill v. State, 143 Md. 365.

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

An. Code, sec. 422. 1904, sec. 370. 1898, ch. 218, sec. 233A.

468. If any person shall carnally know any female not his wife, be-
tween the ages of fourteen and sixteen years, such carnal knowledge shall
be deemed a misdemeanor and the offender being convicted thereof shall
be punished by imprisonment in the house of correction for a term not
exceeding two years, or be fined in a sum not exceeding five hundred dol-
lars, or be both fined and imprisoned in the discretion of the court; pro-
vided, that nothing in this section contained shall be construed to affect
or interfere with the law relating to the crime of rape as now in force in
this State; and provided further, that this section shall not apply to male
persons under the age of eighteen years.

This section referred to, in illustrating that the sub-division under which a statute
is codified is immaterial. See notes to sec. 36. Bowser v. State, 136 Md. 344.

1924, ch. 359.

469. Wherever any female shall be transported by any means, with the
intent to violate any of the foregoing three sections and the said intent
shall be followed by actual violation of any of the said sections, the Cir-
cuit Court of any County or the Criminal Court of Baltimore City shall