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STATE v. PHILLIPS

No. 723SC416.

190 S.E.2d 433 (1972)

15 N.C. App. 597

STATE of North Carolina v. Terrell PHILLIPS.

Court of Appeals of North Carolina.

August 2, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Benjamin H. Baxter, Jr., for the State.

Robert G. Bowers, New Bern, for defendant appellant.

GRAHAM, Judge.

Defendant contends that there was a fatal variance between the indictment and proof in that the indictment charged that the narcotics in question were mescaline capsules and the proof was that they were lysergic acid diethylamide (LSD). It is true that one of the State's witnesses identified the capsules in question as containing LSD. However, another witness for the State testified without objection that they were mescaline. Therefore, there was evidence...

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