Opinion
(February Term, 1896.)
FORM OF INDICTMENT FOR PERJURY.
An indictment for perjury must charge that it was done feloniously.
INDICTMENT for perjury, tried before Graham, J., at October Term, 1895, of SAMPSON.
Attorney-General and Shepherd Busbee for the State.
F. R. Cooper and John D. Kerr for the defendant.
The defendant was indicted and convicted of the crime of perjury. A motion in arrest of judgment, because the indictment failed to charge that it was committed "feloniously," was overruled, and the defendant appealed. This question has been so often decided that it requires no further discussion. S. v. Purdie, 67 N.C. 25; S. v. Skidmore, 109 N.C. 795; S. v. Bryan, 112 N.C. 848; S. v. Caldwell, ib., 854; S. v. Wilson, 116 N.C. 979; S. v. Snow, 117 N.C. 774.
Reversed.
Cited: S. v. Mallett, 125 N.C. 724; S. v. Marsh, 132 N.C. 1002; S. v. Harris, 145 N.C. 458.
(1201)