State v. . Shaw

Avery, J. : Since all criminal offences punishable with death or imprisonment in a State prison were by statute (Laws 1891, Oh. 205) declared Monies, indictments wherein there has been a failure to use the word “feloniously” as characterizing the charge in the latter class of eases, have been declared fatally defective. State v. Wilson, 116 N. C., 979; State v. Skidmore, 109 N. C., 795. Whatever force there might be in the suggestion of the Attorney General that Section 1189 of The Gode renders it unnecessary to embody, in the charge what it is not material to prove, if it had been made before the latter statute *766 had been so often construed, it is now our duty to adhere to our decisions. There was no error in sustaining the motion in arrest and the judgment of the court below is affirmed. Affirmed.