State v. Barrett

Adkins, J., delivered the opinion of the Court. John Barrett, the appellee, was indicted for larceny. The indictment was as follows: “State of Maryland, Kent County, to wit: “The jurors of the State of Maryland, for the body of Kent County, do on their oaths present that John Barrett, late of said county, on the 23rd day of May, in the year of our Lord one thousand nine hundred and twenty-four, with force and arms, at the county aforesaid, one victrola of the value of twenty-five ($25.00) dollars of the goods and chattels of The Parents and Teachers Association of the Broad Keck School then and there being found, did then and there feloniously steal, take' and carry away contrary to the form of the act of assembly in such case made and provided, and against the peace, government, and dignity of the State.” Traverser was arraigned, plead not guilty and elected to be tried by a jury. After the jury was selected and sworn, traverser asked leave, and was permitted, to withdraw his plea and to demur to the indictment.

The demurrer was overruled. Whereupon the State asked leave to amend indictment by striking out the name of The Parents and ¹⁵⁵ Teachers Association of the Broad Reck School and inserting the name of Mrs. Ruthwin Strong, which motion was refused. Plea of not guilty was again entered, the jury accepted by agreement and re-sworn. At the close of the State’s testimony traverser moved to quash the indictment, the motion being as follows: “The defendant moves that the indictment be quashed, because : “1.

The indictment is not sufficient in law in that the proof shows that the Parents and Teachers Association of Broad Reck School is not a corporation. “2. The indictment does not sufficiently describe the article stolen.” The motion was granted, and a juror withdrawn. Erom the order granting that motion, this appeal was taken. Section 494 of article 27 of the Code of Public General Laws of Maryland provides: “Whenever it shall appear after a jury is sworn on any indictment, in any of the courts of this State having criminal jurisdiction, that the name or names of any person or persons other than the defendant and defendants has or have been erroneously set forth in said indictment, it shall be lawful for the state’s attorney, or other person prosecuting for the State, on application to the court, to amend the said indictment according to the proof in said canse; and it shall he the duty of the court in which such trial shall he had to proceed with the trial of the said indictment so amended, unless oath shall he made by the party or parties so charged that the said amendment or amendments has or have disclosed a fact or facts to him heretofore unknown, or that the immediate proceeding with the trial of the said indictment would tend to his prejudice; and in such case it shall he the duty of the court to discharge the jury sworn in