Opinion
(February Term, 1893.)
False Pretense — Indictment.
Since the passage of chapter 205, Acts of 1891, which defines a felony to be a crime punishable by death or imprisonment in the State prison, an indictment for obtaining goods by false pretense is fatally defective if the word "feloniously" be omitted.
INDICTMENT for false pretense, tried at Fall Term, 1892, of CRAVEN, before Shuford, J.
Attorney-General for the State.
S.C. Bragaw and R. B. Nixon for defendant.
The omission of the word "feloniously" in indictments (849) for obtaining goods by false pretense is, since the passage of Laws 1891, ch. 205, a fatal defect, as the Attorney-General admits. S. v. Skidmore, 109 N.C. 795.
It is not improper to say, however, in view of the contention of counsel, that there is more than a scintilla of evidence to support the charge, if preferred in the required form.
ERROR.
Cited: S. v. Wilson, 116 N.C. 980; S. v. Bunting, 118 N.C. 1200.