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STATE v. McNEIL

No. 7510SC487.

220 S.E.2d 401 (1975)

28 N.C. App. 125

STATE of North Carolina v. Jimmy Lawrence McNEIL and Robert Atkins.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed March 2, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. T. Buie Costen, Raleigh, for the State.

Joyner & Howison by Odes L. Stroupe, Jr., Raleigh, for defendant-appellant Jimmy Lawrence McNeil.

Howard P. Satisky, Raleigh, for defendant-appellant Robert Atkins.

Certiorari Denied and Appeal Dismissed by Supreme Court March 2, 1976.

MARTIN, Judge.

Defendants' first assignment of error is directed at the denial of their motions for nonsuit based on an alleged fatal variance between the evidence and the bills of indictment.

The indictments of each defendant charge breaking and entering a "building occupied by J. M. Chambers used as a dwelling house located at Route 10, Box 257A, Raleigh, North Carolina." G.S...

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