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STATE v. DAVIS

No. 440.

135 S.E.2d 663 (1964)

261 N.C. 655

STATE v. Bennie B. DAVIS.

Supreme Court of North Carolina.

April 15, 1964.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Deputy Atty. Gen., for the State.

Earle R. Purser, Raleigh, for defendant appellant.

PER CURIAM.

The original warrant charges a violation of G.S. § 20-138. The warrant as amended charges a violation of G.S. § 20-139. Each of these statutes creates and defines a separate criminal offense. Hence, the court had no power to permit the original warrant "to be amended so as to charge an entirely different crime from the one on which defendant was convicted in the lower court." State v. Cooke, 246 N.C. 518, 521,...

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