State v. Hadlock

Court of Appeals of North Carolina
State v. Hadlock, 237 S.E.2d 748 (1977)
34 N.C. App. 226; 1977 N.C. App. LEXIS 1645
Clark, Morris, Parker

State v. Hadlock

Opinion

PARKER, Judge.

Defendant was found guilty of violating G.S. 14-100. The indictment charged that the offense occurred on or about 3 February 1976. Effective 1 October 1975 G.S. 14-100 was rewritten to provide that “[i]f any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or. event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value *228 with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony . . . (Emphasis added.) An essential element of the offense proscribed by the statute is that the accused “obtain or attempt to obtain” something of value by means of any kind of false pretense. The indictment in the present case failed to allege that defendant obtained or attempted to obtain anything. The allegation that “[b]ased upon representation that the land was clear, Hubert G. Bryson conveyed property valued at $35,000.00 known as Mill Hill Grocery described in Book 198 Page 685” falls short of alleging that defendant obtained or attempted to obtain anything.

For failure of the indictment to charge an essential element of the offense, this Court on its own motion will arrest the judgment. State v. Fowler, 266 N.C. 528, 146 S.E. 2d 418 (1966); State v. Lucas, 244 N.C. 53, 92 S.E. 2d 401 (1956); State v. Thorne, 238 N.C. 392, 78 S.E. 2d 140 (1953); 4 Strong’s N.C. Index 3rd, Criminal Law § 127.2. The legal effect of arrest of judgment is to vacate the verdict and judgment entered in the Superior Court in this case. State v. Covington, 267 N.C. 292, 148 S.E. 2d 138 (1966); State v. Fowler, supra.

Judgment arrested.

Judges MORRIS and CLARK concur.

Reference

Full Case Name
State of North Carolina v. Kent Hadlock
Cited By
6 cases
Status
Published
Syllabus
False Pretense 2.2 — insufficiency of indictment to charge offense An indictment which purportedly charged defendant with a violation of G.S. 14-100 was insufficient to charge a crime where it did not allege that defendant obtained or attempted to obtain anything.