¶1 The defendants were indicted for disturbing a religious congregation which is a common law offence,, and the" indictment concluded contra formam statuti, and against the peace and dignity of the State. After conviction they moved in arrest of judgment on the ground that-the indictment concluded against the statute. It has often been held that this part of the conclusion is merely sur-plusage. State v. Lamb, 65 N. C. 419; Com. v. Hoxey, 16 Mass. 385; 2 Leach Cr. Law, 584; 2 Hale 190. The objection is not sustained. Let this be certified and the Supeiioi-Court will proceed according to law.-
¶2 No error. Judgment affirmed.