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.