There were some exceptions taken by the defendant on the trial below, but it is only necessary to notice that taken to the form of the indictment.

The bill of indictment does not charge that the lien was in force when the bale of cotton was disposed o£ nor to whom it was sold. For- these reasons' the bill is fatally defective, and the judgment below must be arrested. State v. Pickens, 79 N. C., 652.

There is error. Let this be certified to the superior court of Wake county that the defendant may be discharged.

Pek Curai-mx Errors