STATE v. HARRIS

No. 7010SC405.

175 S.E.2d 334 (1970)

8 N.C. App. 653

STATE of North Carolina v. Leroy HARRIS.

Court of Appeals of North Carolina.

July 15, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty., Carlos W. Murray, Jr., Raleigh, for the State.

Peyton B. Abbott, Raleigh, for appellant.


BROCK, Judge.

Appellant contends there was a fatal variance between the allegations in the bill of indictment and the proof offered by the State in that there was evidence offered by the State to the effect that the robbers also took money from the person and presence of one Roland Dutton, a checker at a cash register in the A & P Store, and that therefore even though defendant may have been acquitted in this trial he could have been indicted and tried for the...

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