CRIMES AND PUNISHMENTS 1233

other message at or to any house of ill repute or questionable character
wherein is conducted any business tending to demoralize by example or
contact said minor.

An. Code, 1924, sec. 396. 1912, sec. 361. 1910, ch. 587 (p. 66).

474. Any company or representative thereof who shall violate the pro-
visions of sections 471 to 473 shall be subject to a fine of not less than one
hundred dollars nor more than five hundred dollars, or sixty days in jail
or both, at the discretion of the court, for each and every offense.

Murder.

An. Code, 1924, sec. 397. 1912, sec. 362. 1904, sec. 329. 1888, sec. 210. 1809, ch. 138, sec. 3.

1824, ch. 144.

475. All murder which shall be perpetrated by means of poison, or lying
in wait, or by any kind of wilful, deliberate and premeditated killing shall
be murder in the first degree.

In proceeding for extradition to Canada, evidence held not sufficient to find reason-
able ground to believe alleged fugitive guilty of murder as to warrant extradition.
Vaccaro v. Collier, 38 Fed. (2nd), 863.

In an indictment for murder, the circumstances determining the degree as defined by
this and the following sections need not be averred. Object of act of 1809, ch. 138, in
dividing murder into degrees. Indictment for murder in the technical language of the
common law, includes all circumstances of aggravation and traverser is liable to be con-
victed of the inferior as well as of the higher grades of that offense and vice versa.
When a statute creates an offense or increases the punishment thereof, the indictment
must aver the circumstances constituting the offense or increasing the punishment.
Clerical misprision. Arrangement and plea need not be repeated when the case is re-
moved thereafter. Docket entries. A writ of error held not to lie as alleged errors were
subjects of demurrer—see sec. 620. Davis v. State, 39 Md. 370. And see Weighorst v.
State, 7 Md. 451.

Act. of 1809, ch. 138, in dividing the common law crime of murder into first and
second degrees and attaching corresponding penalties, did not create a new offense.
Hanan v. State, 63 Md. 126.

Since murder was one of the crimes enumerated in act of 1793, ch. 57, sec. 10, a
person convicted thereof might be sentenced to labor on the public roads. State v.
Negro Ben, 1 H. & J. 99.

This section referred to in construing sec. 11—see notes thereto. Foote v. State, 59
Md. 269.

This section referred to in construing sec. 150—see notes thereto. Negro Hammond v.
State, 14 Md. 148.

See sec. 668 and notes to sec. 480.

As to indictments for murder, see sec. 665.

An. Code, 1924, sec. 398. 1912, sec. 363. 1904, sec. 330. 1888, sec. 211. 1809, ch. 138, sec. 3.

476. All murder which shall be committed in the perpetration of, or
attempt to perpetrate any arson, shall be murder in the first degree.
See notes to sec. 475.

An. Code, 1924, sec. 399. 1912, sec. 364. 1904, sec. 331. 1888, sec. 212. 1809, ch. 138, sec. 3.

477. All murder which shall be committed in the burning or attempting
to burn any barn, tobacco house, stable, warehouse or other outhouse, not
parcel of any dwelling house, having therein any tobacco, hay, grain, horses,
cattle, goods, wares or merchandise, shall be murder in the first degree...
See notes to sec. 475.

An. Code, 1924, sec. 400. 1912, sec. 365. 1904, sec. 332. 1888, sec. 213. 1809, ch. 138, sec. 3.

1931, ch. 400.

478. All murder which shall be committed in the perpetration of, or
attempt to perpetrate, any rape, sodomy, mayhem, robbery, burglary, or in
the escape or attempt to escape from the Maryland Penitentiary, the House