Opinion
(February Term, 1895).
Indictment for Obtaining Money Under False Pretences — Indictment, Sufficiency of.
A bill of indictment for obtaining money under false pretences, which fails to charge that it was obtained "feloniously" (as required by ch. 205, Acts of 1891) is fatally defective.
INDICTMENT for obtaining money under false pretences, tried before Coble, J., and a jury, at February Term, 1895, of VANCE. There was a verdict of guilty and the defendant moved in arrest of judgment, and appealed from the refusal of the motion.
(980) The Attorney-General for the State.
Hicks Hicks for defendant.
The defendant is indicted for obtaining goods under false pretences. He was convicted and he entered a motion to arrest the judgment, which was refused, and he appealed.
The indictment fails to charge that the goods were obtained "feloniously" and is therefore fatally defective. This is so by reason of Laws 1891, ch. 205. S. v. Bryan, 112 N.C. 848; S. v. Caldwell, ib., 854, and authorities there cited.
Judgment Arrested.
Cited: S. v. Shaw, 117 N.C. 765; S. v. Bunting, 118 N.C. 1200.
(981)