STATE v. WHALEY

No. 149.

138 S.E.2d 138 (1964)

262 N.C. 536

STATE v. Perry WHALEY.

Supreme Court of North Carolina.

September 30, 1964.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Ray B. Brady, and Staff Attorney Hornthal, for the State.

Reuben L. Elam, Shelby, for defendant.


PER CURIAM.

In this Court defendant moves in arrest of the judgment in case No. 5632, on the third count, for that the bill of indictment does not contain the word "feloniously." A violation of G.S. § 14-89.1 is a felony. We have repeatedly held that bills of indictment charging felonies, in which there has been a failure to use the word "feloniously," are fatally defective, unless the Legislature otherwise expressly provides. State v. Callett, 211 N.C. 563,...

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