888 CRIMES AND PUNISHMENTS. [ART. 27

1888, art. 27, sec. 211. 1860, art. 30, sec. 138. 1809, ch. 138, sec. 3

330. All murder which shall be committed in the perpetra-
tion of, or attempt to perpetrate any arson, shall be murder in
the first degree.

Weighorst v. State, 7 Md. 451. Davis v State, 39 Md. 375.

Ibid sec. 212. 1860, art. 30, sec. 139. 1809, ch. 138, sec. 3.

331. All murder which shall be committed in the burning or
attemping 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.
Ibid.

Ibid sec. 213. 1860, art. 30, sec. 140. 1809, ch. 138, sec. 3.

332. All murder which shall be committed in the perpetra-
tion of, or attempt to perpetrate any rape, sodomy, mayhem,
robbery, or burglary shall be murder in the first degree.

Ibid.

Ibid sec. 214. 1860, art 30, sec. 142. 1809, ch. 138, sec 3.

333. All other kinds of murder shall be deemed murder in
the second degree.

Ibid, sec 215. 1860, art 30, sec. 143. 1809, ch. 138, sec. 3

334. 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 con-
fession, the court shall proceed, 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, proceeded against and
punished as is directed in other kinds of murder, according to
the degree.

State v. Flanagan, 6 Md 167. Weighorst v. State, 7 Md. 451. Fold v.
State, 12 Md 514. Davis v State, 39 Md. 375. Williams v. State, 60 Md. 402.

Ibid. sec. 216. 1860, art 30, sec. 144. 1809, ch. 138, sec. 4.

335. Every person convicted of murder in the first degree,
his or her aiders, abettors and counsellors shall suffer death.

Ibid, sec 217. 1860, art. 30, sec 145 1809, ch. 138, sec 4.

336. Every person convicted of the crime of murder in the
second degree, or as accessory thereto, shall be sentenced to