State v. . Edwards
Cases that cite this one
7 later published cases cite this decision.
- State v. Higgins (N.C. 1966)
- State v. . Hobbs (N.C. 1939)
- State v. Satterfield (New York Court of General Session of the Peace 1917)
- State v. . R. R. (N.C. 1898)
- State v. Southern Railway Co. (N.C. 1898)
- State v. . Wilson (N.C. 1890)
- State v. . Keen (N.C. 1886)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant is indicted for burning an uninhabited house, which by statute is made a misdemeanor (Bat. Rev.,' ch. 32, §93), and the defendant moved to arrest judgment upon the ground that the offence, being only a misdemeanor, is charged to have'been done “ feloniously,” and that the indictment was therefore defective. But this court has repeatedly held that the use of the term “feloniously” in an indictment for a misdemeanor does not raise the grade of the offence, and the word is to be treated as surplusage : that calling a misdemeanor a felony does not make it one. State v. Slagle, 82 N. C., 653 ; State v. Watts, Ib., 656 ; State v. Slaton, 88 N. C., 654; State v. Upchurch, 9 Ired., 454. There is error.
Error.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.