1282 ARTICLE 27

This section referred to in overruling contention that since there was one good count
in indictment the judgment could not be reversed for erroneous rulings on demurrers
to other counts; demurrers being to each count and verdict being general, no means
exist of determining upon which count verdict was rendered or whether rendered upon
all. Avirett v. State, 76 Md. 527.

If an indictment charges an act to be a felony which is not a felony, the error must
be taken advantage of by demurrer. Hawthorne v. State, 56 Md. 533.

That the act charged against traverser is not an offense within true meaning of law
under which indictment is drawn, or that law itself is unconstitutional, are subjects of
demurrer and, since the adoption of this section, can be raised in no other way. Cow-
man v. State, 12 Md. 253. And see Spielman v. State, 27 Md. 524; Cearfoss v. State,
42 Md. 405.

Since indictment for arson which omits to charge a "burning" is demurrable, the de-
fect cannot be availed of by motion in arrest of judgment; nor can judgment be re-
versed if no demurrer was filed. Cochran v. State, 6 Md. 405.

Indictment being substantially defective and the objection being raised by demurrer,
this section held to have no application. Kearney v. State, 48 Md. 25.
This section applied, objections to indictment being held to be subjects of demurrer.
State v. Reed, 12 Md. 272; Costly v. State, 48 Md. 177; State v. Phelps, 9 Md. 26;
Davis v. State, 39 Md. 385; State v. Wade, 55 Md. 41; Wedge v. State, 12 Md. 235;
Kellenbeck v. tate, 10 Md. 437. And see Norwood v. State, 45 Md. 71.

Generally.

Time not being of the essence of the offense, an indictment for larceny was not de-
murrable for indefiniteness as to time of its commission. Whittington v. State, 173
Md. 392.

Cited in Green v. State, 170 Md. 141, 142.

An error in stating the time at which an offense was committed, held immaterial in
view of this section. Allen v. State, 128 Md. 267.

Indictment not defective because it alleges time of offense as on or about certain
date; policy, of this section. Brunner v. State, 154 Md. 657.

Nothing can be made the basis of motion in arrest of judgment which is subject
of demurrer. Act 1916, ch. 30, prohibiting sale of liquor in Washington County. Mc-
Curdy v. State, 151 Md. 440.

Questions raised on demurrers to indictment and plea of limitations cannot be
considered on motion in arrest of judgment. Simmons v. State, 165 Md. 168.

This section held to have no application where there are several counts in indictment
charging traverser with more than one distinct and separate felony; in point of law
it is no objection that two or more offenses of same nature and upon which the same
or a similar judgment may be given are contained in different counts of same indictment;
therefore, it forms no ground for a motion in arrest, nor can the objection be taken by
demurrer. State v. Blakeney, 96 Md. 713; State y. McNally, 55 Md. 562.

This section applied to a motion to quash indictment under sec. 575, because it did
not contain allegation that traverser was licensed to sell or was a trader. Object of this
section. State v. Edlavitch, 77 Md. 145; Maguire v. State, 47 Md. 494.

Since burden is on traverser to bring himself within an exception in the statute under
which he is prosecuted, an indictment was upheld in view of the portion of this section
prohibiting quashing of indictments for want of averment unnecessary to be proved.
See notes to sec. 663. Howes v. State, 141 Md. 545.

This section referred to in overruling an objection to indictment for assault with
intent to commit rape on the ground of a variance between allegation and proof as to
time of offense. Hill v. State, 143 Md. 361.

The words "current money" in indictment under sec. 387, charging the property
stolen to be worth so many dollars "current money," held to be mere surplusage and
not ground of reversal under this section. Gardner v. State, 25 Md. 151.

This section held not to do away, with authority of court to strike out judgment
during term at which it is rendered. State v. Butler, 72 Md. 100.

An indictment charging that traverser was a free negress when upon the trial it turned
out that she was a slave, upheld under this section. Negro Hammond v. State, 14 Md. 148.

This section referred to in refusing to review the action of the trial court in declining
to accept a plea in abatement. Cooper v. State, 64 Md. 44.

An information sustained without reference to this section. Acton v. State, 80 Md. 551.

Cited in Callahan v. State, 174 Md. 50.

Indictments—Conclusion of—Joinder of Counts.

An. Code, 1924, sec. 554. 1912, sec. 497. 1904, sec. 439. 1888, sec. 287. 1852, ch. 63, sec. 3.

650. All indictments for offenses forbidden by any statute or statutes,
or for offenses the punishment of which is contained in the same clause
of any statute with the prohibition of the offense, may conclude as for
offenses at common law, and where any offense which is a misdemeanor at