116 N.C. 979
21 S.E 692
Supreme Court of North Carolina
Decided February 5, 1895
Supreme Court of North Carolina · decided 1895-02-05
INDICTMENT for obtaining money under false pretences, tried before Ooble, J., and a jury, at February Term, 1895, of Yance Superior Court. There was a verdict of guilty and the defendant moved in arrest of judgment on the ground that no criminal offence was charged in the bill of indictment, and appealed from the refusal of the motion.
Cited by 4 later decisions — most recently December 1954
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1895-02-05
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¶1 The defendant is indicted for obtaining goods under false pretences. He was convicted and he entered a motion to arrest the judgment, which w^as refused and he appealed.
¶2 The indictment fails to charge that the goods were obtained “feloniously” and is therefore fatally defective. This is so by reason of the Act of 1891, Ch. 205. State v. Bryan, 112 N. C., 848; State v. Caldwell, Ibid, 854, and authorities there cited.
¶3 Judgment Arrested,