State v. Shine.

Clare, O. J.

The defendant was tried in tbe Superior Court upon- appeal from tbe recorder’s court of Monroe. Tbe offense charged was retailing spirituous liquor. In tbe warrant, it was charged that tbe offense bad been committed unlawfully, • wilfully and “feloniously.” Tbe punishment prescribed is that of a misdemeanor (Rev. 3291) and that fixes tbe grade of tbe offense, State v. Fesperman, 108 N. C., 770; State v. Lytle, 138 N. C., 744. Tbe word “felon- iously” must therefore be treated as surplusage (State v. Edwards, 90 N. C., 710, and cases there cited) as must also the allegation that…