¶1If one should openly enter and remain in a car With no intent to pay his fare, he would not be guilty under the provisions of the act of December 21, 1897. (Van Epps Code-Supplement, § 6662.) Or if he should conceal himself in a car for some purpose other than that of avoiding the payment of his fare, he would not be guilty thereunder. But if he should conceal himself on a train, or in a car, for the purpose of avoiding the payment of fare, he would be guilty of “ attempting to steal ” a ride, if removed before the journey began; or of “ stealing a ride,” if not discovered until after the journey had actually begun. The accusation charged the defendant with a “ misdemeanor,” in that he did “falsely and fraudulently conceal himself from the conductor and train authorities, by hiding in a box-car . . upon a train of the Georgia Southern & Florida Railroad Company, for the purpose of avoiding the payment of fare and stealing a ride thereon.” The judge properly overruled a general demurrer to this accusation. The defendant was not charged with the offense of merely concealing himself, but with the offense of a misdemeanor manifested by concealing himself in a car for the purpose of avoiding the payment of fare. The act and the intent were those prohibited by the statute, and the accusation was sufficient.
¶2Judgment affirmed.