struments. thereof, or otherwise describing the same. In all other cases, when- Describing inever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known or by the purport thereof, without setting out any copy or fac-simile of the whole or any part thereof. JURISDICTION. 1809, c. 138, s. 17. case of death 10. If any person be feloniously stricken or poisoned in one Art. 30, s. 88. county, and die of the same stroke or poison in another county Jurisdiction in within one year thereafter, the offender shall be tried in the court from blow or within whose jurisdiction such county lies where the stroke or poison poison. was given; and in like manner an accessory to murder or felony Accessory to committed, shall be tried by the court within whose jurisdiction felony. such person became accessory. murder or 1509. c. 138, s. 18. Same on Chesa peake bay. 11. If a person be feloniously stricken or poisoned on the waters Id. s. 89. of the Chesapeake bay, and not within the body of any county, and within one year thereafter die of the same stroke or poison within any county of this State, or if any person be feloniously stricken or poisoned in any county of this State, and within one year thereafter die of the same stroke or poison on the waters of the Chesapeake bay, and not within the body of any county, the offender, his aiders, abettors and comforters, or any person accessory thereto, shall be tried in the court within whose jurisdiction such county lies where the death happened, or the stroke or poison was given. 1807, c. 165, s. 1: 1809, c. 138, s. 19. Crime, etc., on dicted or tried in any court of county in which this State, of party arrested or first brought. 1793, c. 57, s. 31. 12. Any person who shall commit any crime, offence, or misde- I. s. 90. meanor upon the waters of the Chesapeake bay, within the limits of this State, and without the body of any county thereof, and all aiders, abettors, comforters, and accessories thereof and thereto, may be indicted and tried in any court of this State having jurisdiction of similar crimes, offences, and misdemeanors, of the county in which he may be arrested, or into which he may be first brought. 13. If any person shall commit any crime or offence in any county of which he is not an inhabitant, or if any person shall commit any crime or offence in the county of which he is an inhabitant and shall remove after the commission thereof and shall be presented or indicted in the county where the crime or offence shall sion, process to have been committed, the court before which such presentment or indictment shall be found, may issue process against such person directed to the sheriff of the county where such person may reside, and the sheriff shall serve and return such process as if issued by a court of his county, and upon neglect or delay, may be fined by the court issuing the same. 14. Any person presented or indicted, may, instead of traversing the same before a jury, traverse the same before the court, who shall thereupon try the law and the facts Art. 75, s. 91. Person committing crime out or removin of his county, removing go to county where he re sides. Art. 30, s. 91. 1852, c. 344. court. Traverse before 36 Md. 257. Trial by same. SENTENCE. Art. 30, s. 181. 1737, c. 2; 1825, c. 93. Sentence for clergyable felony. 15. All claims to dispensation from punishment by benefit of 1809, c. 138, s. 11; clergy are forever abolished; and every person convicted of any felony heretofore deemed clergyable, shall be sentenced to undergo a confinement in the penitentiary for any time not less than eighteen months nor more than five years, except in those cases where some other specific penalty is prescribed by this code. And every person For felony not who shall be convicted of any felony heretofore excluded from the clergyable. Id. s. 182. 1809, c. 138, s. 16. For murder. benefit of clergy, and not specified in this code, shall be sentenced to undergo a confinement in the penitentiary for not less than five nor more than twenty years. 16. If any offender, on conviction, may be sentenced to suffer death, the court before whom such offender shall be tried and convicted, shall sentence him to suffer death by hanging by the neck. 17. Where a case has been removed for trial, and the party shall be sentenced to be hung, the court shall remand him to the place where sentence where the indictment was found, where the sentence shall be executed, as if passed in that place. Id. s. 183. 1858, c. 131. Removed cases, of death. Id. s. 184. 1831, c. 208, s. 2. Minors. convict minors. 18. When any white infant under the age of fifteen years, shall be convicted of any offence other than those mentioned in the next succeeding section, the court may suspend the sentence upon such Binding out of convicted infant, and bind him or her to some person residing in or out of this State, or may procure other employment for such infant in or out of this State, and shall have power to compel such infant to comply with the terms of its judgment; but such infant shall not be bound to service in the county or city where the conviction was had, nor for a term extending beyond the age of eighteen years in females, and twenty-one in males. Id. s. 185. 1854, c. 155, s. 1. What minors sentenced to penitentiary. Id. s. 186. 19. All white infants over twelve and under the age of fifteen years, who may be convicted of mayhem, murder in the second degree, manslaughter, assault with intent to commit murder or mayhem, or of setting fire to any building, tenement, or property, the setting fire to which is punishable by confinement in the penitentiary in the case of adults, shall be sentenced to the penitentiary for the said crime, in the same manner as if they were of full age. 20. Any court in this State having criminal jurisdiction, may bind out to the managers of any house of refuge, or other instituto managers of tion under police regulations within the limits of the said State, all house of refuge white infants over twelve and under the age of fifteen years, until they shall arrive at an age of not less than eighteen, nor more than twenty-one years, who shall be convicted of any offence punishable in adults by confinement in the penitentiary, other than those specified in the next preceding section. or other institution. Id. s. 187. 1854, c. 155, s. 2. 2. Discretionary 21. It shall be the duty of every court having criminal jurisdicpower of court tion, to examine into the character of all infants convicted of offences for which they may be bound as apprentices under the preceding as to binding out minors. section, and to exercise a sound discretion in determining whether the said infant so convicted should be bound out in accordance with existing laws, or should be sentenced to the penitentiary in the same manner with adults convicted of like crimes, and to bind out or sentence such infant accordingly. 1836, c. 156, s. 2. victs to peni 22. It shall be the duty of the courts of this State, in sentencing Id. s. 188. convicts to the penitentiary, to sentence them for such a period as will expire between the first day of April and the last day of August, if they shall deem it expedient to do so. Sentence of contentiary when to expire. Id. s. 189. 1825, c. 93, s. 1; 1839, c. 37. 23. The courts of this State, in sentencing convicts to the penitentiary in compliance with the provisions of the preceding section, Discretionary may, in their discretion, sentence them to be confined in the said power of court in sentencing penitentiary for a period not less than eighteen months, in cases convicts to penitentiary. where the least punishment prescribed for the offence is two years. 24. No conviction or attainder shall work corruption of blood or forfeiture of estate; the estate of such persons as shall destroy their own lives, shall descend or vest as in case of natural death; if any person be killed by casualty, there shall be no forfeiture in consequence thereof; an approver shall never be admitted, in any case whatsoever; and a sentence of death shall not be executed less than twenty days after judgment. in 1809, c. 138, s. 10. Id. s. 190. Conviction or work corrup tion of blood or estate. attainder not to forfeiture of 1 Bl. 114, 299. No forfeiture death, when to 1809, c. 138, s. 22. convicts, how disposed of. 25. The real and personal estate of the person convicted and Sentence of sentenced to undergo a confinement in the penitentiary, or to be be executed. executed, shall, after paying the retribution and reparation to the Id. s. 191, party injured, be liable to the discharge of the expenses incurred by Property of the State in the apprehension, prosecution, conviction, and removal of such criminal; and in order to ascertain the amount thereof, the court before whom such offender is convicted, shall cause its clerk to certify to the keeper of the penitentiary the amount of reparation adjudged, and all costs and charges incurred in the prosecution and conviction of such offender, which the keeper shall enter in books to be by him kept for that purpose. 1809, c. 138, s. 23. how enforced. 26. In all cases where restitution or reparation is adjudged to be Id. s. 192. made to the party injured, and immediate restitution or reparation Restitution, is not fully made, the court before whom the offender is convicted 32 Md. 210. shall, at the instance of the party injured, issue execution against the property of such convicted person in the name of the person injured, for the value of the property taken, or so much thereof as is not restored; such value to be estimated by the said court; but nothing herein contained shall be construed to deprive the party injured from having and maintaining a civil action against such. offender, either before or after conviction, or against any other person, for the recovery of the money received or property taken, or the value thereof. Art. 30, s. 53. 1835, c. 319, s. 3, 27. When any person shall hereafter be convicted of any statutable felony or misdemeanor, for the false or fraudulent obtention or embezzlement, secreting or making way with goods, chattels, valu- bezzlement, etc. cases of em Id. s. 193. 1853, c. 175, s. 1. where sentence of imprison ment. able effects, money, or securities, the court before whom any such conviction shall be had may award restitution to the real owner thereof; provided, however, that no bonâ fide holder thereof shall be obliged to surrender up the same. 28. If any person who has removed his trial shall be convicted Removed cases, of any offence punishable by fine or imprisonment, the court shall (if the sentence be imprisonment) sentence him to confinement in the jail of the county or city from which such removal took place; and it shall be the duty of the sheriff of the county or city where such conviction may be had to place the person convicted in the custody of the sheriff of the county or city in which the indictment was found, together with a certified copy of the docket entries in the case. |