State v. . Wilson
Supreme Court of North Carolina
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.
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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. The indictment was as follows : “ The Jurors for the State upon their oaths present: That J. B. Wilson, late of the County of Yance, on the 22nd day of October, in the year of our Lord one thousand eight hundred and ninety-four, at and in the county of Yance,…
1Opinion of the Court
Faieoloth, C. J.:
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.
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.
Judgment Arrested,
2Cited by7 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. . ShawSupreme Court of North Carolina · 1895
- State v. . BuntingSupreme Court of North Carolina · 1896
- State v. BuntingSupreme Court of North Carolina · 1896
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