STATE v. CHERRY

No. 7519SC946.

225 S.E.2d 119 (1976)

29 N.C. App. 599

STATE of North Carolina v. Henry Lewis CHERRY.

Court of Appeals of North Carolina.

June 2, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Elizabeth R. Cochrane, Raleigh, for the State.

Davis, Ford & Weinhold, by Robert M. Davis, Salisbury, for defendant.


MARTIN, Judge.

Defendant contends the court erred in refusing to grant his motion to dismiss at the end of all the evidence.

The indictment charged that defendant, with the unlawful use of a handgun whereby the life of Cathy Benfield was endangered, did take, steal and carry away $455.14. However, the evidence presented tended to show, and the court in fact charged on attempted robbery with a firearm. Defendant contends there is a fatal variance between the...

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