466' CRIMES AND PUNISHMENTS. [ART. 27

1904; art, 27, see. 434. 1888, art. 27, sec. 282. 1860, art. 30, sec. 91. 1793, ch. 57.
1809, ch. 144, sec. 2. 1852, ch. 344.

492. Any person presented or indicted may, instead of traversing
the same before a jury, traverse the same before the court, who shall
thereupon try the law and the facts.

If the facts are spread upon the record, it is the duty of the court to
decide the questions of law arising upon them; hence an appeal brings the
rulings of the court up for review. Judgment may be entered, although.
in the statement of facts no clause is inserted making provision for such
entry. Davidson v. State, 77 Md. 394.

When, an election is made under this section, the court is substituted for

the jury and has the same duties and functions to perform; unless the

traVerser is determined to be guilty or not guilty, no judgment can be

entered, and a mistrial, necessitating a retrial, results. League v. State,

36 Md. 264.

The acts of 1793, chapter 57, and 1809, chapter 144, held applicable in an

indictment under a local law prohibiting the presence of slaves in stores

where liquor was sold. The power of the court under this section held to

be conferred for the benefit, and to be exercised at the election, of the

accused. Technical joinder of issue, held unnecessary. Rawlings v. State,

2 Md. 214.

Procedure—Indictments—Amendment.

Ibid. sec. 435. 1888, art. 27, sec. 283. 1860, art. 30, sec. 79.
1852, ch. 176, sec. 1.

493. Whenever the misnomer of any defendant or defendants is
pleaded in abatement to any indictment in any of the courts of this
State, having criminal jurisdiction, it shall be lawful for the State's
attorney prosecuting the same, or other person prosecuting for the State,
on application to the court, to amend the said indictment by inserting
in the place of the name or names so erroneously set forth in the said
indictment the true name or names of such party or parties, as disclosed
in the said plea of abatement, and it shall be the duty of the clerk of the
court to endorse the amendment, and to enter the said case upon the
docket of the court, according to the true name or names of the party
or parties so indicted.

The name of a person in an indictment is a matter of substance, and
cannot be changed without the consent of the grand jury; this applies to
the Christian name as well as to the surname. This section provides for
the misnomer of the defendant, and is applicable only when such misnomer
is pleaded in abatement. Objection properly presented by motion to quash.
Watts v. State, 99 Md., 33.

Where the indictment describes the traverser as a free uegress and at
the trial it appeared that she was a slave, an appropriate amendment held
not to be authorized under this section. Negro Hammond v. State, 14 Md.
147.

As to "Amendments at Law," see article 75, section 35.
As to "Amendments in Equity," see article 16, sections 17 and 18.

Ibid. sec. 436. 1888, art. 27, sec. 284. 1860. art. 30, sec. 80.

1852, ch. 176, sec. 2.

494. Whenever it shall appear after a jury is sworn on any indict-
ment, in any of the courts of this State having criminal jurisdiction,
that the name or names of any person or persons other than the defend-
ant and defendants has or have been erroneously set forth in the said