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STATE v. FOSTER

No. 68SC172.

162 S.E.2d 583 (1968)

2 N.C. App. 109

STATE v. R. J. FOSTER and James Ronald Byrd.

Court of Appeals of North Carolina.

August 14, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Deputy Atty. Gen., and James E. Magner, Raleigh, Staff Attorney for the State.

Dark & Edwards, Silver City, for defendant Foster appellant.

John Randolph Ingram, Asheboro, for defendant Byrd appellant.

CAMPBELL, Judge.

The defendants assign as error the denial of their motion to quash the bills of indictment because of variance between the allegation in the indictment and the proof as to the name of the victim. The bills of indictment referred to the victim as "G. L. Harris Jewelry Company, a corporation." The evidence disclosed that the correct title of the victim is "G. L. Harris Company, Inc., Silver City." The evidence...

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