STATE v. GREENE

No. 38.

223 S.E.2d 365 (1976)

289 N.C. 578

STATE of North Carolina v. Roger GREENE.

Supreme Court of North Carolina.

April 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. James L. Blackburn and Associate Atty. Alan S. Hirsch, Raleigh, for the State.

McElwee, Hall & McElwee by John E. Hall, North Wilkesboro, for defendant.


COPELAND, Justice.

In his assignments of error defendant raises two principal questions for our consideration:

1. Should the charge of felonious larceny of the tractor have been nonsuited?

2. As to the disk boggs, was there a fatal variance between the allegations in the bill of indictment and the proof offered by the State with regard to the ownership of them?

As to the first question, we note that...

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