982 ARTICLE 27.

court of the county or city wherein such offense may be committed, be fined
at the discretion of the court a sum not exceeding five hundred dollars, and
suffer such imprisonment as the court may adjudge, not exceeding six
months and such other penalties as are prescribed by the constitution; one-
half of the fine to go to the informer.

Burglary.

An. Code, sec. 32. 1904, sec. 30. 1888, sec. 27. 1809, ch. 138, sec. 5. 1924, ch. 150.

35. Every person convicted of the crime of burglary or accessory thereto
before the fact shall restore the thing taken to the owner therof, or shall pay
him the full value thereof, and be sentenced to imprisonment in jail or in
the Maryland House of Correction or in the Maryland Penitentiary for not
more than twenty years.

Since one of the elements of burglary is a felonious intent, it is material to
show for what purpose traverser entered the house; hence it may be shown that he
entered for the purpose of having carnal intercourse with the owner. Robinson
v. State, 53 Md. 151.

An. Code, sec. 33. 1904, sec. 31. 1888, sec. 28. 1809, ch. 138, sec. 5.

36. Every person, his aiders, abettors and counsellors, who shall be
convicted of the crime of breaking a dwelling-house in the day time with
intent to commit murder or felony therein, or breaking a storehouse, ware-
house or other out-house in the day or night with an intent to commit
murder or felony therein shall be sentenced to the penitentiary for not less
than two nor more than ten years.

This section does not make the offense burglary or a felony; the fact that it
appears in the Code under the sub-division " Burglary," is not material. What
crimes are felonies. Indictment upheld. Bowser v. State, 136 Md. 344.

An. Code, sec. 34. 1904, sec. 32. 1888, sec. 29. 1737, ch. 2, sec. 2. 1809, ch. 138, sec. 5.

37. Every person convicted of the crime of breaking into any shop,
storehouse, tobacco house or warehouse, although the same be not contigu-
ous to or used with any mansion house, and stealing from thence any money,
goods or chattels to the value of one dollar or upwards, or as being accessory
thereto, shall restore the thing taken to the owner thereof, or shall pay him
the full value thereof, and shall be sentenced to the penitentiary for not less
than two nor more than ten years.

An. Code, sec. 35. 1906, ch. 476. 1908, ch. 45.

38. Any person who breaks and enters, either by day or by night, any
building, whether inhabitated or not, and opens or attempts to open any
vault, safe or other secure place by the use of nitroglycerine, dynamite,
gunpowder or other explosive, shall be deemed guilty of burglary with
explosives.

The granting of a motion to sever is within discretion of trial court. It is suf-
ficient if an indictment charges an offense in the language of a statute. This section
is constitutional and valid. Burglary is a felony. Object of this section. Smith v.
State, 106 Md. 39 (decided prior to act, 1908, ch. 45); Bowser v. State, 136 Md. 345.