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Stacy, C. J. The record discloses no evidence of larceny, a fatally defective charge of false pretense, and an erroneous conviction under C. S., 4331, with a sentence of 6 months on the roads, when the indict *358 ment sboulcl have been drawn under chapter 61, Public Laws 1927, and the sentence not more than 30 days imprisonment or a fine of not more than $50.00.
Let the defendant be discharged, with permission to the solicitor to send another bill, if so advised.
Reversed.
Document Info
Citation Numbers: 145 S.E. 691, 196 N.C. 357, 1928 N.C. LEXIS 374
Judges: Stacy
Filed Date: 12/12/1928
Precedential Status: Precedential
Modified Date: 10/19/2024