STATE v. HICKS

No. 505.

62 S.E.2d 497 (1950)

233 N.C. 31

STATE v. HICKS et al.

Supreme Court of North Carolina.

December 13, 1950.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., for the State.

Ralph V. Kidd and J. C. Sedberry, Charlotte, for defendant, Sterling L. Hicks.


DENNY, Justice.

The appellant assigns as error the failure of the trial judge to sustain his demurrer to the evidence and allow his motion for judgment as of nonsuit interposed at the close of the State's evidence, and renewed at the close of all the evidence. This assignment of error is bottomed on the contention that there is a fatal variance between the charge in the bill of indictment upon which the appellant stands convicted and in the proof submitted to the...

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