Folse Pretense — Indictment.
Since the passage of chapter 205, Acts of 1891, which defines a felon}' to be a crime punishable by death or imprisonment in the State prison, an indictment for obtaining goods by false pretenses is fatally defective if the word “ feloniously” be omitted.
INDICTMENT for false pretense, tried at Pall Term, 1.892, of CraveN Superior Court, before Shuford, J.
The Attorney General, for the State.
Messrs. S. 0. Bragain and R. B. Nixon, for defendant (appellant).
*849Per Curiam
: The omission of the word “feloniously” in indictments for obtaining goods by false pretenses is, since the passage of the Act of 1891, ch. 205, a fatal defect, as the Attorney (General admits. State v. Skidmore, 109 N. C., 795.
It is not improper to say, however, in view of the contention of counsel, that there is more than a scintilla of evidence to support the charge, if preferred in the required form. Error.