State v. Fowler

In North Carolina the crime of false pretense is statutory, G.S. 14-100, and the statute specifically states the crime is a felony. S. v. Davenport, 227 N.C. 475, 495, 42 S.E. 2d 686, 700.

The indictment in the instant case purports to charge defendant with the crime of false pretense as defined in G.S. 14-100, yet the indictment contains no where in it the word feloniously. We have held repeatedly that indictments charging felonies which omit the word feloniously are fatally defective, unless the General Assembly otherwise expressly provides, and the judgment must be arrested. S. v. Jesse, 19…