CRIMES AND PUNISHMENTS 1105

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, 1924, sec. 38. 1912, sec. 35. 1906, ch. 476. 1908, ch. 45.

36. 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 sufficient
if an indictment charges an offense in the language of a statute. This section is con-
stitutional 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.

An. Code, 1924, sec. 39. 1912, sec. 36. 1906, ch. 476. 1908, ch. 45.

37. Any person duly convicted of burglary with explosives shall be
sentenced to the penitentiary for not more than 40 years.

Cigarettes.

An. Code, 1924, sec. 40. 1912, sec. 37. 1914, ch. 835.

38. Any person who shall furnish to any minor, by gift, sale or other-
wise, any cigarette or cigarette paper, shall be guilty of a misdemeanor, and
upon conviction thereof shall be sentenced to pay a fine of not less than
twenty-five dollars nor more than fifty dollars for the first offense, and for
each subsequent offense shall be liable for a fine of not less than one hundred
dollars nor more than three hundred dollars and to undergo an imprison-
ment in the jail or the proper county for a period of not less than,thirty
days nor more than six months, and on failure to pay the fine and costs of
prosecution, shall be required to work the same out on the public roads.

See sec. 39.

An. Code, 1924, sec. 39. 1912, sec. 38. 1914, ch. 835.

39. Any minor being in possession of a cigarette or cigarette paper and
being by any police officer, constable, juvenile court officer, truant officer or
teacher in any school asked where and from whom such cigarette or cigar-
ette paper was obtained, who shall refuse to furnish such information, shall
be guilty of a misdemeanor, and upon conviction thereof before any alder-
man, magistrate or justice of the peace, shall be sentenced to pay a fine not
less than five dollars nor more than ten dollars, and on failure to pay the
fine and costs of prosecution, shall be sentenced to be confined in the jail
of the proper county for a period of net¹ less than ten days or more than
thirty days; provided, however, that nothing contained in this or the pre-
ceding section shall apply to Baltimore City or any County in the State
of Maryland, except Garrett County.

¹ Evidently a typographical error in the act.