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STATE v. DAYE

No. 7414SC604.

208 S.E.2d 891 (1974)

23 N.C. App. 267

STATE of North Carolina v. Matthew DAYE.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Norman L. Sloan, Raleigh, for the State.

Loflin, Anderson & Loflin, by Ann F. Loflin, Durham, for the defendant.

BROCK, Chief Judge.

Defendant contends that the trial court committed error when it failed to grant defendant's motion for nonsuit at the conclusion of all the evidence due to fatal variance between the allegations of the indictment and the proof offered at trial. The indictment, as it appears in the record on appeal, charges:

"That Matthew Daye late of the County of Durham on the 9th day of July 1973 with force and arms, at and in the County aforesaid, did...

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