STATE v. EPPLEY

No. 7619SC212.

226 S.E.2d 675 (1976)

30 N.C. App. 217

STATE of North Carolina v. Brian EPPLEY.

Court of Appeals of North Carolina.

July 21, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Raleigh, by Asst. Atty. Gen. Alfred N. Salley, Asheville, for the State.

Davis, Koontz & Horton by Clarence E. Horton, Jr., Concord, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that the indictment purported to charge a violation of G.S. 148-45(g) which pertains to persons in custody of the Department of Correction who are assigned to work release programs or on temporary parole. He argues that since he was not on work release or temporary parole there was a fatal variance between indictment and proof, and that the court should have granted his motion to dismiss.

There was no variance between the...

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