[Price was indicted for obstructing the track of the Columbus Street Railroad Company by placing rocks on *379it. He filed various pleas, the principal point made by which ivas that the Columbus Railroad was a street railroad, propelled by horse-power, and not by steam, and Avas, therefore, not within the meaning of the act of 1837. (Code, §4438.) They were stricken by the court on demurrer. Defendant was convicted. He moved for a new trial, and on its refusal, excepted.]