112 N.C. 848
Supreme Court of North Carolina
Decided February 15, 1893
Supreme Court of North Carolina · decided 1893-02-15
<p>Folse Pretense — Indictment.</p> <p>Since the passage of chapter 205, Acts of 1891, which defines a felon}' to be a crime punishable by death or imprisonment in the State prison, an indictment for obtaining goods by false pretenses is fatally defective if the word “ feloniously” be omitted.</p>
Cited by 3 later decisions — most recently December 1954
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1893-02-15
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¶1: The omission of the word “feloniously” in indictments for obtaining goods by false pretenses is, since the passage of the Act of 1891, ch. 205, a fatal defect, as the Attorney (General admits. State v. Skidmore, 109 N. C., 795.
¶2It 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.