55 A.2d 332 | Md. | 1947
The appellant was indicted in Garrett County for that he "on or about the twenty ninth day of June, in the year nineteen hundred and forty five, at Garrett County aforesaid, in and upon the body of Sarah J. Shultz unlawfully did beget a certain Male illegitimate child, which said Male illegitimate child was afterwards, towit: on the twenty ninth day of March, in the year nineteen hundred and forty six, at Garrett County aforesaid, born alive of the body of her, the said Sarah J. Shultz, its mother, and is still alive with her, the said Sarah J. *174 Shultz at the time of the taking of this inquisition, at Garrett County aforesaid, and that the said Milton Herring is the father of the said illegitimate child." He was tried before the Court, found guilty, and ordered to give bond to pay the sum of $7 per month until the child should arrive at the age of 16 years, and further pay the sum of $150 expenses incurred by the mother of the child during her confinement. During the course of the testimony of the complaining witness, she testified that she had intercourse with the appellant on the 29th day of June at his home in Marklesburg, Pennsylvania. She also testified that she had frequent intercourse with him and was with him practically every Wednesday and every Saturday in June. On the strength of the specific testimony about the 29th day of June, which is the date of the fornication set out in the indictment, the appellant made a motion to quash the indictment, because the intercourse took place in Pennsylvania. The court overruled that motion, and that ruling is the sole ground for the appeal here.
The appellant's contention is based upon cases holding that the object of the bastardy law is to punish persons guilty of fornication. These cases are Owens v. State.
A motion to quash an indictment is necessarily for defects appearing on the face of that instrument. It is not claimed, however, that there is any defect in the *175
indictment in this case, and the purpose of the motion was obviously different from its form. In reviewing it, we will look to its real character. Brack v. State,
Judgment affirmed, with costs.