CRIMES AND PUNISHMENTS 1223

An. Code, 1924, sec. 352. 1912, sec. 318. 1904, sec. 293. 1888, sec. 188. 1809, ch. 138, sec. 4.

434. Every person, his aiders, abettors and counsellors, who shall be
convicted of the crime of cutting out or disabling the tongue, putting out
an eye, slitting the nose, cutting or biting off the nose, ear or lip, or cutting
or biting off or disabling any limb or member of any person, of malice
aforethought, with intention in so doing to mark or disfigure such person,
shall be sentenced to the penitentiary for not less than two nor more than
ten years.

An. Code, 1924, sec. 353. 1912, sec. 319. 1904, sec. 294. 1888, sec. 189. 1853, ch. 99, sec. 1.

435. If any person shall unlawfully shoot at any person, or shall in
any manner unlawfully and maliciously attempt to discharge any kind of
loaded arms at any person, or shall unlawfully and maliciously stab, cut
or wound any person, or shall assault or beat any person, with intent to
maim, disfigure or disable such person, or with intent to prevent the lawful
apprehension or detainer of any party for any offense for which the said
party may be legally apprehended or detained, every such offender, and
every person counselling, aiding or abetting such offender shall, upon con-
viction thereof, be punished by confinement in the penitentiary for a period
not less than eighteen months nor more than ten years.

Indictment under this section must charge the intent with which the act is done in
the words of this section, else it is demurrable. Penal statutes strictly construed. State v.
Elhorn, 27 Md. 488.

Manslaughter.

An. Code, 1924, sec. 354. 1912, sec. 320. 1904, sec. 295. 1888, sec. 190. 1864, ch. 39.

436. Every person convicted of the crime of manslaughter shall be sen-
tenced to the penitentiary for not more than ten years, or in the discretion
of the court may be fined not more than five hundred dollars, or be im-
prisoned in jail for not more than two years, or be both fined and im-
prisoned in jail.

Manslaughter is a different crime from murder; they do not differ merely in degree.
Hence on an indictment for murder and a conviction of manslaughter, the verdict must
negative murder. Weighorst v. State, 7 Md. 451; State v. Flannigan, 6 Md. 167.

Upon a reversal for an erroneous sentence under this section, formerly the court of
appeals had no power to impose the proper sentence or to remand the case for that
purpose—see, however, art. 5, sec. 87. McDonald v. State, 45 Md. 90.

Marrying Unlawfully.

An. Code, 1924, sec. 355. 1912, sec. 321. 1904, sec. 296. 1888, sec. 191. 1777, ch. 12, sec. 2.

1785, ch. 35.

437. If any person shall marry with any person within the three de-
grees of direct lineal consanguinity, or within the first degree of collateral
consanguinity, each of the parties so marrying, on conviction thereof, shall
forfeit and pay fifteen hundred dollars, or be banished the State forever.
As to "Marriages" and offenses in connection therewith, see art. 62.

An. Code, 1924, sec. 356. 1912, sec. 322. 1904, sec. 297. 1888, sec. 192. 1777, ch. 12, sec. 2.

1790, ch. 20.

438. If any person shall marry with any person related within any
other of the degrees of kindred or affinity prohibited by the laws of this
State, each of the parties so marrying shall on conviction thereof forfeit
and pay five hundred dollars.