786

CRIMES AND MISDEMEANORS, ETC. [ART. 72.

Id s 138
1809, c 138, s 3.
Murder in the
first degree

2. All murder which shall be committed in the perpetration of,
or attempt to perpetrate any arson, shall be murder in the first
degrec.

Id s 139
1809, c 138, s 3.
Murder in the
first degree

3. All murder which shall be committed in the burning or at-
tempting to burn any barn, tobacco-house, stable, warehouse or
other out-house, not parcel of any dwelling-house, having therein
any tobacco, hay grain, horses, cattle, goods, wares, or merchandise,
shall be murder in the first degrec.

Id s 140
1809, c 138.8 3.
Murder in the
first degree

4. All murder which shall be committed in the perpetration of,
or attempt to perpetrate any rape, sodomy, mayhem, robbeiy or
burglary, shall be murder in the first degrec.

Id s 142
1809, c 138, R 3
Murder in the
second degree

5. All other kinds of murder shall be deemed murder in the
second degrec.

Id s 146
1890, c 138 s 3
Jury to find
degree
6 Md 167 , 7 Md
442 , 12 Md 514 ,
14 Md 421.
Person con-
victed by con-
fession, court to
determine
degrec.

6. And the jury before whom any person indicted for murder
shall be tried, shall, if they find such person guilty thereof, ascertain
in their verdict whether it be murder in the first or second degree ;
but if such person be convicted by confession, the court shall pro-
ceed, by examination of witnesses, to determine the degree of the
crime, and to give sentence accordingly; and every person liable to
be prosecuted for petit treason, shall in future be indicted, pro-

Id s 144
1809. c 138, s 4
In ihe first
degree, how
punished

ceeded against and punished, as is directed in other kinds of mur-
der, according to the degrec.
7. Every person convicted of murder in the first degree, his or
her aiders, abettors, and counsellors, shall suffer death.

Id s 145
1809, c 138, s 4
In the second
degree, bow
punished

8. Every person convicted of the crime of murder in the second
degree, or as accessory thereto, shall be sentenced to the peniten-
tiary for not less than five nor more than eighteen years.

MANSLAUGHTER.

1864, c 39.
Manslaughter.
6 Md 167,
45 Md 90

9. Every person convicted of the crime of manslaughter shall be
sentenced to the penitentiary for not more than ten years, or, in the

Punishment.

discretion of the court, may be fined not more than five hundred
dollars, or be imprisoned in jail for not more than two years, or
both fined and imprisoned in jail.

MAIMING.

Art 30 s 120.
1809, c 138, s 4
Maiming, etc

10. Every person, his aiders and abettors, who shall be con-
victed of the crime of mayhem, or of taring and feathering, shall

Punishment.

be sentenced to the penitentiary for not more than ten years nor
less than eighteen months.

Id s 121
1809, c 138, s 4.
Injury W
person

11. 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

Punishment.

mark or disfigure such person, shall be sentenced to the peniten-
tiary for not less than two nor more than ten years.