CRIMES AND PUNISHMENTS. 351
Death Penally.

An. Code, 1924. sec. 410. 1922, ch. 4G5, sec. 6. 1933 (Special Sess. ), ch. 100.
410. Immediately upon sentence of death being pronounced upon any
convict by any Court of this State, the convict shall be taken into custody
by the Sheriff of the county or city wherein he was indicted, and held by
him under such guard or guards as the Sheriff shall determine to be
necessary, and as soon thereafter as possible, said convict shall be, by the
said Sheriff delivered to the Warden of the Maryland Penitentiary, where
he shall be placed in solitary confinement under such guard or guards as
might be necessary, to await the execution of his sentence by the said
Warden as aforesaid. No expense incident to the detention of the said
convict in the Maryland Penitentiary, including the expense of guarding,
lodging, feeding, clothing and caring for such convict, shall be assessed
against, billed to or paid by the County Commissioners of the County
where said convict was indicted, or the Mayor and City Council of Balti-
more, if indicted in Baltimore City.

No expense incident to the guarding, lodging, feeding, clothing and

caring for any person sentenced to any State institution shall be assessed
against, billed to or paid by the County Commissioners of the County
where such person was indicted, or the Mayor and City Council of Balti-
more, if indicted in Baltimore City, irrespectively of whether or not the
judgment, upon which such sentence is imposed, is thereafter reversed.

County Commissioners liable for per diem of guards as fixed by sec. 6S1A

even if execution does not take place due to commutation of sentence. State v.

Anne Arundel Co.. 166 Md. 223 (decided prior to act of 1933 [Special Sess. ], ch.

100).

Perjury.

1027. ch. 491.

451A. Any person employed by the State Board of Agriculture, the
University of Maryland, or any department or branch thereof, to inspect
and/or test cows and/or the quantity and quality of milk, who shall wil-
fully make any false oath or affirmation with respect to the production
record of any cow, shall be deemed guilty of perjury. If any such person
shall make oath or affirmation to two statements, one contradicting the

other, with respect to the production record of any cow, and shall make

oath or affirmation wilfully and falsely, it shall be sufficient, in order to

convict, to allege and prove that one of the said contradictory statements is
or must be false and wilful, without specifying which one.

Poison—Attempting to.

456-457. Repealed by ch. 62 of Acts of 1935.

Failure of druggist to label box of strychnine tablets as required does not
give right of action on account of injury caused by taking same unless absence
of labels was proximate cause of injury. Drug Stores, Inc., v. Somerville 161
Md. 662.