CRIMES AND PUNISHMENTS. 973

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1751, ch. 7. 1845, ch. 381.

11. If any person shall maliciously set on fire any fence or fencing, or
any straw, stack or stacks or ricks of straw, or any hay or mowed grass, or
other grass, or any tobacco, he shall on conviction thereof be sentenced to
the penitentiary for not less than two nor more than four years.

The act of burning a stack of hay is not a felony either at common law, under
this section or under act of 1809, ch. 138; an indictment for a felony cannot be sus-
tained as an indictment for a misdemeanor. Where indictment charged that traverser
had " feloniously," etc., and the jury found him guilty of having " feloniously," etc.,
burned stack of hay, no judgment can be pronounced under this section. Black v.
State, 2 Md. 379.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1744, ch. 5. 1809, ch. 138, sec. 5. 1904, ch. 267.

12. Every person, his aiders, abettors and counsellors, who shall be con-
victed of the crime of wilfully and maliciously burning any mill, distillery,
manufactory, barn, meat house, tobacco house, stable, warehouse, store-
house, granary, barracks, distillery or other outhouse not parcel of any
dwelling house, whether the same shall be the property of the offender or
of any other person, with intent thereby to injure or defraud any person,
shall be deemed a felon, and shall, in the discretion of the court, be sen-
tenced to the penitentiary for not less than two nor more than twenty
years.

Under this section, a party may be indicted for wilfully burning a school house
not parcel of a dwelling house; the " wilful" burning being the offense provided
against. Jones v. Hungerford, 4 G. & J. 402 (decided prior to act, 1904, ch. 267).

Act of 1809, ch. 138, punished the burning of a barn whether the articles of personal
property mentioned in sec. 5 of that act, or other articles, were contained therein.
Explanation of the word " empty " as used in said act. House v. House, 5 H. & J. 125.

Indictment which fails to describe building as " not parcel of any dwelling house"
is defective. Kellenbeck v. State, 10 Md. 438 (decided prior to act of 1904, ch. 267).
Cf. Gibson v. State, 54 Md. 452.

See notes to sec. 6.

An. Code, sec. 13. 1904, sec. 13. 1904, ch. 267, sec. 12A.

13. Whoever shall wilfully and maliciously set fire to or burn any school
house, engine house, market house, scale house, watch house, bridge or any
other building or structure not mentioned or included in the provisions of
the preceding section, with intent thereby to injure or defraud any person,
shall, on conviction therefor, be sentenced to the penitentiary for not
exceeding seven years.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 13. 1809, ch. 138, sec. 5.

14. Any person who shall maliciously and wilfully attempt to burn any
dwelling house, whether inhabited or not, or any mill, factory, barn, stable,
storehouse, or other out house, or any stack of grain, hay, straw or fodder,
upon conviction thereof, shall be sentenced to the penitentiary for not less
than eighteen months nor more than ten years.

Assault on Wife.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 14. 1882, ch. 120.

15. Any person who shall brutally assault and beat his wife shall be
deemed guilty of a misdemeanor, and upon presentment and conviction