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STATE v. GILLYARD

No. 582.

97 S.E.2d 890 (1957)

246 N.C. 217

STATE v. David GILLYARD.

Supreme Court of North Carolina.

May 8, 1957.

Attorney(s) appearing for the Case

Atty. Gen. George B. Patton and Asst. Atty. Gen. Harry W. McGalliard for he State.

Elreta Melton Alexander, Greensboro, for defendant appellant.

PER CURIAM.

Defendant's motion to nonsuit and other assignments of error revolve around the failure of the State to establish that the alleged crime was committed on the date specified in the bill of indictment. The failure of the State to establish that the crime was committed on 27 March as alleged in the bill of indictment does not relieve defendant from responsibility for his criminal act. Time was not of the essence. State v. Trippe, 222 N.C. 600, 24 S.E.2d 340...

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