
    Sanders v. The State.
    Submitted October 21, —
    Decided October 29, 1903.
    Indictment for obstructing railroad. Before Judge Henry. Floyd superior court. September 17, 1903.
    The indictment charged Andy Sanders “ with the offense of obstructing, for that the said Andy Sanders . . did wilfully and maliciously obstruct the railroad of the Central of Georgia Railway Company by placing upon the track of said railroad an iron bolt; for the said Andy Sanders did then and there place upon the rail of said railroad track a certain bolt being an obstruction upon said track; contrary to the laws of said State)” etc. There was a verdict of guilty, and the accused was sentenced to the penitentiary for four years. He made a motion in arrest of judgment, on the grounds, that no crime was charged in the indictment; that the indictment was under section 519 and the punishment under section 520 of the Penal Code; and that there was no allegation in the indictment that the railroad was the road of a chartered company. To the overruling of this motion he excepted.
   Turner, J.

Hollowing the decision of this court in Kiser v. State, 89 Ga. 421, the indictment returned in the present case, under the Penal Code, § 520, was fatally defective, in that it 'failed to charge that the railroad therein alleged to have heen unlawfully obstructed by the accused was the road of ajchartered company ; and the motion in arrest of judgment, based on that ground, should have been sustained.

Judgment reversed.

All the Justices concur.

H. F. Sharp and B. L. Chamlee, for plaintiff in error.

Moses Wright, solicitor-general, contra.  