To constitute the crime of “ false pretence” under section 67, chapter 32, Battle’s Revisal, there must be a false pretence of a subsisting fact; the pretence must be knowingly false; the money, goods, or thing of value of the person defrauded, must be unlawfully obtained by means of the false pretence, and with the intent to cheat and defraud him of the same. State v. Phifer, 65 N. C., 321; State v. Jones, 70 N. C., 75; Bishop Cr. Law, §§ 397, 409: Archbold, 246.
As nothing in the record indicating the defect in the bill of indictment, upon which the motion in arrest was made, and no exception to the ruling of the court stated, we are at a loss to ascertain upon what ground the judgment was arrested in the court below. For the indictment contains averments of every essential element of the offence of “ false pretence.” it avers that the defendant knowingly and falsely pretended to K. R. Pendleton that he had cut for him for the use of J. A. Woodard twenty cords of wood, whereas he had not cut twenty cords of wood, and by means of the said false pretence had unlawfully obtained from the said K. R. Pendleton three dollars of the money of the said K. R. Pendleton with the intent to cheat and defraud the said K. R. Pendleton of the same.
The indictment is drawn after the usual form of precedents (Arehbold, 245,) except that , it avers that the false *676pretence was made with a, felonious intent, but that is mere surplusage. The indictment is for the misdemeanor under the statute, and calling it a felony or charging the act to be felonious, does not make it a felony. State v. Slagle, 82 N. C., 653; State v. Upchurch, 9 Ired., 454.
Finding no defect in the indictment, nor in the record as perfected and brought up by certiorari, the judgment of the eourt below must be reversed.
Let this be certified that further proceedings may be had in conformity to this opinion and the law.
Error. Reversed.