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STATE v. LEMMOND

No. 718SC445.

182 S.E.2d 636 (1971)

12 N.C. App. 128

STATE of North Carolina v. Steve LEMMOND.

Court of Appeals of North Carolina.

August 4, 1971.

Attorney(s) appearing for the Case

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

George F. Taylor, Goldsboro, for defendant appellant.

BRITT, Judge.

We hold that the court did not err in overruling defendant's motion for nonsuit.

Where time is not of the essence of the offense and the statute of limitations is not involved, a discrepancy between the date alleged in the indictment and the date shown by the State's evidence is ordinarily not fatal. G.S. § 15-155; State v. Wilson, 264 N.C. 373, 141 S.E.2d 801; State v....

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