486 CRIMES AND PUNISHMENTS. [ART. 27.

priate to his own use money, funds or evidences of debt, which
he is by law bound to pay over, account for, or deliver to the
treasurer of this State, or to any other person by law authorized
to receive the same, shall be guilty of a misdemeanor, and shall,
upon conviction thereof, be sentenced to the penitentiary for not
less than eighteen months nor more than ten years.

Escaping from Penitentiary.

P. G. L., (1860,) art. 30, sec. 51. 1809, ch. 138, sec. 2. 1837, ch. 820, sec. 18.

81. If any offender, sentenced to undergo a confinement in
the penitentiary, shall escape, he shall, on conviction thereof,
suffer such additional confinement and hard labor, agreeably to
the laws of this State, as the criminal court of Baltimore shall
adjudge and direct; and if any keeper, deputy, assistant keeper,
or other person, shall aid or assist in the escape of any offender
confined in the penitentiary, he shall, on conviction thereof by
the criminal court of Baltimore, undergo such confinement in the
said penitentiary as the said court may adjudge, not lees than,
eighteen months nor more than ten years.

False Pretences.

P. G. L., (1860,) art. 30, sec. 52. 1835, ch. 819, secs. 1-3.

82. Any person who shall by any false pretence obtain from
any other person any chattel, money, or valuable security, with
intent to defraud any person of the same, shall be guilty of a
misdemeanor, and being convicted thereof, shall be liable at the
discretion of the court, to be punished by fine and imprisonment,
or by confinement in the penitentiary for not less than two years,
nor more than ten years, as the court shall award; provided
always, that if upon the trial of any person indicted for such mis-
demeanor, it shall be proved that he obtained the property in-
question in any such manner as to amount in law to larceny or
robbery, he shall not by reason thereof be entitled to be ac-
quitted of such misdemeanor; and no person tried upon such mis-
demeanor shall be afterwards liable to be prosecuted for larceny
or robbery, upon the same facts; and provided also, that a mere
promise for future payment, though not intended to be formed,
shall not be sufficient to authorize a conviction under this sec-
tion.
State B. Scribner, 2 G. & J. 253. Stansbury v. Fogle, 37 Md. 388.