
    GENERAL COURT, (E. S.)
    SEPT. TERM, 1800.
    The State vs. Negro Ben.
    A person con» vicletl of murder may be sentenced, by the court to work and labour on ‘ tlie public voadi, h.c. being one of the crimes of felony enumerated in the iOtli section of the act of 1793, ch. 57.
    INDICTMENT for Murder. The prisoner had been ivied and found guilty, and was now brought before the court to have sentence passed upon him. The court were proceeding to pass the sentence under the 1 Sth section of the act of 1793, ch. 57, to wit: that he should labour on the public roads of Baltimore county for fourteen years; but
    
      Martin, (Attorney General,)
    informed the court, that he believed, that that sentence could not legally be passed upon the prisoner, murder not being one of the crimes enumerated in the 10th section of that act..
    The Court seemed to think, that as the act says, «any felony with or without benefit of clergy,’5 murder being felony, must of course be included.
    But the Mtorneij General contended, that murder was not such a felony as was there meant, and that a pardon of all felonies would not pardon murder.
    The Court thought proper to take time to .consider the objection, and remanded the prisoner to, gaol..
    The prisoner being, on the next day, brought again before the co.urt,
   Chase Ch. J.

observed, that the court had considered the objection made yesterday to the judgment, they were about to pass, and remained of the same opinion, to wit: That murder was a. felony within the meaning of the act of 1793,. and that therefore the prisoner’s case was within that act,. It was therefore adjudged, that he should labour on, the public roads of Baltimore county for the term of fourteen years..  