State v. Elborn

Crain, J., delivered the opinion of this Court. This case comes up on a writ of error to the Circuit Court for Queen Anne’s County, and it is admitted by the record, that the only question for our determination is, whether by the Act of Assembly of Maryland, an indictment charging the offence to have been committed by shooting can be sustained, unless it contains a charge or allegation of intent. The indictment in this case is founded on the 122d section of Article 30, of the Code of Public General Laws, and contained three counts. Eirst, for an assault by unlawfully shooting at a certain John W. Downes against the form of the Act of Assembly; second, for an assault by attempting maliciously and unlawfully to discharge a loaded pistol at Downes against the Act of Assembly; and third, for a common assault.

To this indictment the defendant filed a general demurrer as to the first and second counts. This demurrer was sustained by the Court and judgment entered for the defendant. We are of opinion, from an examination of the section of the Code on which this indictment is founded, that the Circuit ■ Court was correct in sustaining the demurrer to these two counts in the indictment. It is a well settled general principle of criminal law, that in an indictment for an offence created by the statute, the offence must be described in the words of the