14 S.E. 63 | N.C. | 1891
The following is a copy of the bill of indictment:
"The jurors for the State upon their oaths present that S. J. Skidmore, late of Lincoln County, on 1 April, 1891, with force and arms at and in said county, devising and intending to cheat and defraud one D. F. Abernethy of his goods, moneys, chattels and property, unlawfully, knowingly, designedly did then and there falsely pretend to the said D. F. Abernethy, that there was nothing wrong with a certain mule then and there belonging to the said S. J. Skidmore, that the said S. J. Skidmore, or any one else knew of; whereas in truth and fact, as the said S. J. Skidmore then and there well knew, the said mule was deaf and poor of wind, which said pretense was false and the said S. J. Skidmore well knew it to be false; that by color and by means of the said false pretense, the said S. J. Skidmore, did then and there unlawfully, knowingly and designedly obtain from the said D. F. Abernethy one mule of the value of fifty dollars ($50) and ten dollars in money of the goods and chattels of the said D. F. Abernethy, with the intent then and there to cheat and defraud the said D. F. Abernethy to the great damage of the said D. F. Abernethy, contrary *574 to the form of the statute in such case made and provided, and against the peace and dignity of the State."
The bill of indictment was quashed upon the defendant's motion, and the State appealed.
The indictment is sufficient in form under the ruling in S. v. Burke,
We apprehend, however, though the ground is not stated, that (797) the learned judge allowed the motion to quash because Laws 1891, ch. 205, makes all offenses which are punishable by death or imprisonment in the penitentiary, felonies, and the word "feloniously" is not used. S. v. Purdie,
Error.
Cited: S. v. Caldwell,
(798)