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STATE v. GRIFFIN

No. 7027SC607.

177 S.E.2d 760 (1970)

10 N.C. App. 134

STATE of North Carolina v. Elvin David GRIFFIN.

Court of Appeals of North Carolina.

December 16, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Trial Atty. James E. Magner, Raleigh, for the State.

Robert C. Powell, Gastonia, for defendant.

BROCK, Judge.

Defendant assigns as error that the trial court denied his motion to quash the indictment. An indictment may be quashed for want of jurisdiction, irregularity in the selection of the jury, or for defect in the bill of indictment. 4 Strong, N.C.Index 2d, Indictment and Warrant, § 14, p. 359. But an asserted variance between the allegations of the indictment and the proof is properly raised by motion for nonsuit. State v. McDowell,

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