STATE v. SCOTT

No. 7114SC456.

182 S.E.2d 256 (1971)

11 N.C. App. 642

STATE of North Carolina v. Willie SCOTT.

Court of Appeals of North Carolina.

July 14, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Richard N. League, Raleigh, for the State.

Kenneth B. Spaulding and Norman E. Williams, Durham, for defendant-appellant.


BROCK, Judge.

I

Defendant assigns as error the denial of his motion for judgment as of nonsuit for the reasons that (1) the evidence was insufficient for the jury to find that defendant knew the goods to have been stolen, (2) that there was a fatal variance between the indictment and the proof with regard to the ownership of the stolen property, and (3) that the facts of the case would not permit a verdict of guilty of nonfelonious receiving and that, therefore...

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