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STATE v. LINKER

No. 156PA83.

308 S.E.2d 309 (1983)

STATE of North Carolina v. Barry Lee LINKER.

Supreme Court of North Carolina.

November 3, 1983.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Fred R. Gamin, Asst. Atty. Gen., Raleigh, for the State. David P. Hefferon, Asst. Public Defender, and Purser & Hefferon by Thomas J. Hefferon, Charlotte, for defendant-appellant.

EXUM, Justice.

Defendant, Barry Lee Linker, was charged in two proper indictments with obtaining and attempting to obtain property by false pretenses from the Wachovia Bank and Trust Company. See N.C.Gen.Stat. § 14-100(a) (1981) (making it an offense to obtain property "by means of any kind of false pretense whatsoever ..."). At the close of the state's evidence, defendant moved that the indictment be dismissed due to a variance between the acts charged...

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