ORTH, J., delivered the opinion of the Court.
The law of crimes and punishments in the State of Maryland stems from the constitutional declaration "[t]hat the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed at the time of their first emigration; and which, by experience, have been found applicable to their local and other circumstances...
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