CRIMES AND PUNISHMENTS 1095

thereof, be sentenced to the penitentiary for not less than two nor more

than twenty years.

One aiding or counseling another to set fire to dwelling is principal and not accessory;
count charging defendant with setting fire to and burning dwelling and count charging
same person with aiding and counseling the burning of dwelling can be joined in same
indictment; not necessary that dwelling be occupied. Wimpling v. State, 171 Md. 362.

As to indictments for arson, see sec. 656.

An. Code, 1924, sec. 7. 1929, ch. 255, sec. 7.

7. Any person who wilfully and maliciously sets fire to or burns or
causes to be burned or who aids, counsels or procures the burning of any
barn, stable, garage or other building, whether the property of himself or
of another, not a parcel of a dwelling house; or any shop, storehouse, ware-
house, factory, mill or other building, whether the property of himself or
of another; or any church, meeting house, court house, work house, school,
jail or other public building or any public bridge; shall upon conviction
thereof, be sentenced to the penitentiary for not less than one nor more
than ten years.

An. Code, 1924, sec. 8. 1929, ch. 255, sec. 8.

8. Any person who wilfully and maliciously sets fire to or burns or
causes to be burned or who aids, counsels or procures the burning of any
barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other
grain or vegetable product of any kind; or any field of standing hay or
grain of any kind; or any pile of coal, wood or other fuel; or any pile of
planks, boards, posts, rails or other lumber; or any street car, railway car,
ship, boat or other water craft, automobile or other motor vehicle; or any
other personal property not herein specifically named (such property being
of the value of twenty-five dollars and the property of another person),
shall upon conviction thereof, be sentenced to the penitentiary for not less
than one or more than three years.

An. Code, 1924, sec. 9. 1929, ch. 255, sec. 9.

9. Any person who wilfully and with intent to injure or defraud the
insurer sets fire to or burns or causes to be burned or who aids, counsels or
procures the burning of any goods, wares, merchandise or other chattels or
personal property of any kind, whether the property of himself or of an-
other, which shall at the time be insured by any person or corporation
against loss or damage by fire; shall upon conviction thereof, be sentenced
to the penitentiary for not less than one nor more than five years.

An. Code, 1924, sec. 10. 1929, ch. 255, sec. 10.

10. Any person who wilfully and maliciously attempts to set fire to or
attempts to burn or to aid, counsel or procure the burning of any of the
buildings or property mentioned in the foregoing sections, or who commits

creating them. Where a statute contains an exception so incorporated with its enacting
clause that the one cannot be read without the other, the indictment must negative
the exception. The burning of a barn, parcel of a dwelling house, is covered by this
section. Gibson v. State, 54 Md. 450 (decided prior to act 1904, ch. 267). Gibson v.
State was overruled in part in Avirett v. State, 76 Md. 529.

If an indictment does not charge that the burning was done "maliciously," it is de-
fective. Kellenbeck v. State, 10 Md. 437 (decided prior to act of 1904, ch. 267). Cf.
Gibson v. State, 54 Md. 452.

An indictment for arson must charge that the house was burned. Act of 1809, ch. 138,
only provided for punishment of arson without defining it. Cochrane v. State, 6 Md.
405 (decided prior to act of 1904, ch. 267).

Cited but not construed in Hammond v. State, 14 Md. 148.