1212 ARTICLE 27

1933 (Special Sess.), ch. 78, sec. 319A. 1937, ch. 305.

389. If any person shall break into any shop, storehouse, tobacco
house, warehouse, or other building, although the same be not contiguous to
or used with any mansion house, with intent to steal any money, goods or
chattels under the value of twenty-five dollars, or if any person shall break
into any shop, storehouse, tobacco house, warehouse, or other building,
although the same be not contiguous to or used with any mansion house,
and steals from thence any money, goods or chattels under the value of
one dollar, shall be deemed guilty of a misdemeanor and shall be tried
before the Circuit Court of the County wherein the offense mav have been
committed or the Criminal Court of Baltimore City, if the offense be com-
mitted in the City of Baltimore, and being thereof convicted, shall restore
the goods and chattels so stolen, or pay the full value thereof to the owner
thereof, and be further sentenced to the Penitentiary or House of Correc-
tion, or to the Jail of the County in which the offense may have been com-
mitted, or of the City of Baltimore, if the offense be committed in said
City, in the discretion of the Circuit Court of the County or of the Crimi-
nal Court of Baltimore City, wherever the offense may have been com-
mitted, for not more than eighteen months.

Provided that nothing in these sections shall be construed to interfere
with any prosecution that has or may hereafter be commenced for any
violation of these sections hereby repealed or added happening previous to
the date this law becomes effective.

An. Code, 1924, sec. 320. 1912, sec. 287. 1904, sec. 263. 1888, sec. 158. 1793, ch. 35, sec. 1.
1797, ch. 96, sec. 1. 1799, ch. 75, sec. 3. 1809, ch. 138, sec. 6.

390. Robbery or larceny of any obligation or bond, bill obligatory or
bill of exchange, bank note or notes, promissory notes for the payment
of money, check or order drawn on any bank of this State, or any other
State, paper bill of credit, certificate granted by or under the authority
of this State, or of the United States, or any of them, or any last will and
testament or codicil, shall be punished in the same manner as robbery or
larceny of goods and chattels.

The offenses created by this section and sec. 548 were unknown to common law. Cer-
tainty is required in criminal pleading. Where there is no valid indictment, traverser
may be re-arrested, re-indicted and tried again—see notes to sec. 548. Kearney v. State,
48 Md. 23.

A "silver certificate" issued by the United States held not to be a promissory note
within meaning of this section. Certainty is required in criminal pleading. Stewart v.
State, 62 Md. 413. And see Smith v. State, 67 Md. 169.

An indictment under this section need not charge that the bank note is the note
of a particular bank. Foster v. State, 71 Md. 554.

Indictment for larceny of bank notes charging the offense in the language of this
section, is sufficient. Conclusion of indictment where an offense is created by one
statute and punishment prescribed by another. Bank notes are considered as money,
and the sum which they promise upon their face to pay determines their value as re-
spects the graduating of the offense of larceny. State v. Cassell, 2 H. & G. 303.

Cited but not construed in Stansbury v. Luttrell, 152 Md. 565. (See notes to secs.
387 and 614.)

See notes to sec. 387.

Larceny—Buoys.

An. Code, 1924, sec. 321. 1912, sec. 288. 1904, sec. 264. 1888, sec. 159. 1817, ch. 86.

391. Every person, his aiders and abettors, who shall be convicted
before any court exercising criminal jurisdiction at the place where the
offender may be arrested or may reside of the crime of stealing, cutting
away or in any manner wilfully injuring any of the buoys, their mooring