1238 ARTICLE 27

matter, whether the same be contained in any professional or other adver-
tisements or in any other article, whether original, communicated or copied
from any other publication, every proprietor and publisher shall be held
to be guilty of a misdemeanor and on conviction thereof shall be punished
by a fine of not less than twenty nor more than two hundred dollars and
imprisoned for not less than ten days nor more than one year, in the. dis-
cretion of the court in which the conviction shall be had; and each successive
number of any newspaper or periodical containing any such obscene or
licentious matter shall be deemed a new publication thereof and shall sub-
ject every proprietor and publisher to indictment and punishment as for
a distinct offense.

In an indictment under this section where the character of the publication is only
disclosed by explanatory words and innuendoes, it is necessary to aver that it was
so known and understood by the publisher. Extrinsic facts and circumstances must
be set out in indictment where true character and meaning of publication is gathered
from them. Nicholson v. State, 36 Md. x.

An. Code, 1924, sec. 417. 1912, sec. 372. 1904, sec. 339. 1888, sec. 220. 1886, ch. 490.

1894, ch. 271.

495. If any person shall bring or cause to be brought into this State
for sale or exhibition, or shall sell, lend, give away or offer to give away,
or show or have in his or her possession with intent to sell .or give away,
or to exhibit, show, advertise or otherwise offer for loan, gift, sale or dis-
tribution any lewd, obscene or indecent book, magazine, pamphlet, news-
paper, story paper, writing paper, picture, card, drawing or photograph, Or
any article or instrument of indecent or immoral use, or shall design copy,
draw, photograph, print, utter, publish or prepare such book, picture, card,
drawing, paper or other article, or shall write or print or cause to be written
or printed any circular, advertisement or notice of any kind, or giving
information orally, stating when, where, how or of whom or by what means
such a lewd, indecent or obscene article or thing can be purchased, seen or
obtained, shall in every such case be guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine not exceeding two hundred dol-
lars or shall be imprisoned not exceeding one year, or be both fined and
imprisoned in the discretion of the court; provided, that this section shall
not apply to any person committing the acts thereby prohibited with intent
to prevent violations of this sub-title or to procure the punishment of of-
fenses against the same.

An. Code, 1924, sec. 418. 1912, sec. 373. 1904, sec. 340. 1894, ch. 271, sec. 220A.

496. Any person who shall sell, lend, give away or show, or have in hfs
possession with intent to sell or give away or show, or shall advertise or
otherwise offer for loan, gift or distribution to any minor any book, pam-
phlet, magazine, newspaper or other printed paper devoted to the publica-
tion, or principally made up of criminal news, police reports or accounts of
criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime,
or shall exhibit on any street or highway, or in any other place within the
view of any minor any such book, magazine, pamphlet, newspaper, writing,
paper, picture, drawing, photograph or other article coming within the
description of articles mentioned in this section, or in the preceding section
shall in every case be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding two hundred dollars, or shall be
imprisoned not exceeding one year, or be both fined and imprisoned in the
discretion of the court.