SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That any person who shall shoot a gun, pistol, or other weapon, or throw a stone, stick, clubs, or any other substance whatever at or against any locomotive, or car, or train of cars containing persons, on any railroad in this State, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than ten nor more than one hundred dollars, and imprisoned in the county jail not less than ten days nor more than three months.

SEC. 2. In case any person on such locomotive, car, or train of cars shal be injured or wounded in any such act, the person so offending shall, on conviction, be deemed guilty of assault, with intent to commit murder, and be imprisoned in the State’s Prison for not less than one nor more than four years; and if death ensue, such. person shall be deemed guilty of murder in the first degree, and punished accordingly.

SEC. 3. In case of prosecution under this act, it shall not be deemed necessary in the information or indictment to name or set out the names of persons injured or wounded, except in case of prosecution for murder.

SEC. 4. It is hereby declared than an emergency exists for the immediate taking effect of this act, and that the same shall be in force from and after its passage and publication in the Indiana State Senteniel and Indiana State Journal.