State v. Warfield

Adkins, J., delivered the opinion of the Court. This is an appeal from a, judgment entered on an order sustaining the demurrer to the following indictment: “State of Maryland, Frederick County, Set.: “The Grand Jurors of the State of Maryland for the body of Frederick County, upon their oaths do present that Carroll Warfield, late of said county, on the 28th day of March, in the year of our Lord one thousand, nine hundred and twenty, with force and arms, at the county aforesaid did feloniously place upon the tract of the Baltimore and Ohio Railroad Company, a body corporate of the State of Maryland, one piece of iron called an angular bar, one piece of iron called a brake shoe, and one piece of iron bar, calculated to obstruct, overthrow and direct from the track of the Baltimore and Ohio Railroad Company, a body corporate of said State, any car, vehicle or carriage travelling and passing on the track of the Baltimore and Ohio Railroad Company, a body corporate of said State, with intent then and there to obstruct, overthrow and direct from the track of the Baltimore and Ohio Railroad Company, a body corporate of said State, any car, vehicle or carriage travelling and passing on the track of the Baltimore and Ohio Railroad Company, a body corporate of said State of Maryland, and being then and there a railroad company in the said county and State of Maryland then and there, 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. “Aaron R. Anders, “The State’s Attorney for Frederick County.” ⁷⁶ Appellee was indicted under Section 412 of Article 21 of the Criminal Code, -which provides as. follows: “If any person shall place anything, or cause anything to be placed, on any railroad in this State, calculated to obstruct, overthrow or direct from the track of such railroad any car, vehicle or carriage, travelling or passing on such railroad, or shall break or injure in any manner any railroad in this State, with the view or intent to obstruct or overthrow any ear, vehicle or carriage, such person so offending shall be deemed guilty of felony, and upon conviction thereof shall.be sentenced to the penitentiary for not less than two years nor more than ten years.” The only ground on which it was seriously argued that the indictment was had, was the use of the word “tract” in the first part thereof. We think the learned trial court, erred in sustaining the demurrer, whether the word “tract” was used intentionally in preparing’ the indictment or is a mistake in spelling. Where that word occurs it would clearly have been a compliance with the statute if the word “property” or “right of way” had been used, as placing an obstruction upon the trach is not a necessary element of the offense charged under