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STATE v. McGILVERY

No. 7028SC305.

175 S.E.2d 328 (1970)

The STATE of North Carolina v. Willie McGILVERY.

Court of Appeals of North Carolina.

Certiorari Denied August 28, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Bernard A. Harrell, for the State.

S. Thomas Walton, Asheville, for defendant appellant.

CAMPBELL, Judge.

Defendant contends that a judgment of nonsuit should have been entered because there was a fatal variance between indictment and proof in that the indictment charged that the property taken was taken from the "residence" or "place of business" of Ramsey, and the evidence showed that the armed robbery, if it occurred as shown, took place at the Dial Finance Company. It is true that the $30.00 was taken from the Dial Finance Company. This assignment...

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