1096 ARTICLE 27

any act preliminary thereto, or in furtherance thereof, shall upon convic-
tion thereof, be sentenced to the penitentiary for not less than one nor more
than two years or fined not to exceed one thousand dollars.

The placing or distributing of any flammable, explosive or combustible
material or substance, or any device in any building or property mentioned
in the foregoing sections in an arrangement or preparation with intent to
eventually wilfully and maliciously set fire to or burn same, or to procure
the setting fire to or burning of same shall, for the purpose of this sub-title
constitute an attempt to burn such building or property.¹

Assault on Wife.

An. Code, 1924, sec. 15. 1912, sec. 15. 1904, sec. 15. 1888, sec. 14. 1882, ch. 120.

11. Any person who shall brutally assault and beat his wife shall be
deemed guilty of a misdemeanor, and upon presentment and conviction
thereof by any court of competent jurisdiction shall be sentenced to be
whipped, not exceeding forty lashes, or be imprisoned for a term not exceed-
ing one year, or both, in the discretion of the court.

On an indictment under this section, the wife is a competent witness to prove the
beating and also marriage; proof of performance of marriage ceremony is sufficient
without proof of the authority of the officer who performed it. The marriage may be
prima facie established by presumptive evidence. This section does not create a new
offense, but simply attaches a new penalty to the common law offense when attended
with circumstances of aggravation. Indictment under this section must aver the cir-
cumstances which constituted the offense or increase the punishment; it follows that
the nature of the beating must be laid as characterized by the statute and victim of
the offense must be described as the wife. Hanan v. State, 63 Md. 124.

The word "brutally" in this section is not uncertain or indefinite and is easily under-
stood and applied. A party may be indicted under this section or for the common
law offense, or indictment may include two counts, one embracing the statutory and
the other the common law offense, and jury must determine whether a conviction
under statutory count is warranted. This section is constitutional and valid; it suf-
ficiently regulates mode and manner of inflicting punishment. Foote v. State, 59 Md. 266.

An. Code, 1924, sec. 16. 1912, sec. 16. 1904, sec. 16. 1888, sec. 15. 1882, ch. 120.

12. If any court shall order or direct the punishment as aforesaid by
whipping, the same shall be administered by the sheriff of the county or
city of Baltimore where the judgment shall be rendered; and said sheriff
shall administer the same within the walls of the city or county jail.

Assault With Intent to Murder, Ravish or Rob.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 16. 1809, ch. 138, sec. 4.
1904, ch. 76. 1908, ch. 366. 1931, ch. 449.

13. Every person convicted of the crime of an assault with intent to
rob, murder or have carnal knowledge of a female child under the age of
fourteen years, shall be sentenced to confinement in the Maryland Peni-
tentiary for not less than two years or more than ten years; and every
person convicted of the crime of an assault with intent to commit a rape
shall be punished with death, or, in the discretion of the Court, he shall
be sentenced to confinement in the Penitentiary for the period of his
natural life, or he shall be sentenced, to confinement in the penitentiary for
not less than two years nor more than twenty years; and nothing in this
section shall be construed to interfere with any prosecution that has or may
hereafter be commenced for any violation of this section hereby repealed
happening previous to June 1, 1931.

¹ Sec. 2 of ch. 255 of the acts of 1929 repealed all laws in conflict therewith.