Tbe defendant preserved bis exception to tbe ruling of tbe trial judge in refusing to sustain bis motion for judgment as of non-suit, and assigns such ruling as error. A careful review of tbe evidence leads us to tbe conclusion that tbe exception was well taken and must be sustained.
Moreover, tbe indictment is bottomed on tbe provisions of G.S. 14-278, tbe pertinent part of which reads as follows: “If any person shall willfully and maliciously put or place any matter or thing upon, over or near any railroad track; or shall willfully and maliciously destroy, injure or remove tbe road-bed, or any part therof, or any rail, sill or other part of tbe fixture appurtenant to or constituting or supporting any portion of tbe track of such railroad; or shall willfully and maliciously do any other thing with intent to obstruct, stop, binder, delay or displace tbe cars traveling on such road, or to stop, binder or delay tbe passengers or others passing over tbe same; or shall willfully and maliciously injure tbe road-bed or tbe fixtures aforesaid, or any part thereof, with any other intent whatsoever, such person so offending shall be guilty of a felony, . . .” While it is unnecessary to decide tbe question on this appeal, we doubt that the indictment charges a crime within tbe purview of this statute.
Tbe ruling on tbe motion for judgment as of nonsuit is
Reversed.