
    Cooper v. The State.
    An indictment under the act of 27th September, 1883, for a felony by breaking and entering a railroad car with intent to steal, and after entering stealing therefrom, must allege the ownership of the car, and such allegation is not included in an averment that the car was on a certain named railway in the county. The indictment was defective in substance, and should have been ' quashed on special demurrer.
    April 4, 1892.
    By two Justices.
    Criminal law. Indictment. Breaking railroad car. Before Judge Huberts. Pulaski - superior court. November adjourned term, 1891.
    The indictment charged Cooper, Horne, Madison and Horne with larceny from a railroad car, for that, on’ the 9th of August, 1891, in Pulaski county, they “did break and enter a certain railroad car on the East Tennessee, Virginia and Georgia railway in said county, with the intent to steal goods and freight, and after breaking and entering said railroad car, did then and there steal therefrom and wrongfully and fraudulently take and carry away 600 pounds of meat, the same being white hog-meat therein of the value of fifty dollars, of the personal goods and property of the East Tennessee, Virginia and Georgia Railway Company, from the said railway car, with the intent to steal the same.” A special demurrer to the indictment ivas overruled, and Cooper, who was tried separately, excepted. One of the grounds of demurrer was, that the ownership of the car was not alleged.
   Judgment reversed,.

Martin & Smith, by brief, for plaintiff in error.

Tom Eason, solicitor-general, by Hines, Shubrick & Eelder, contra.  