STATE v. BLACK

No. 7727SC489.

239 S.E.2d 276 (1977)

34 N.C. App. 606

STATE of North Carolina v. Bobby Gene BLACK.

Court of Appeals of North Carolina.

December 7, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. George W. Lennon, Raleigh, for the State.

Frank Patton Cooke and Rob Wilder, Gastonia, for defendant appellant.


VAUGHN, Judge.

Defendant first argues that his motion for nonsuit should have been allowed. He contends that there is a variance between the allegations in the indictment and the evidence at trial. The indictment alleges a sale to Vernon Hill. Defendant contends that the evidence shows only a sale to Vanda Beheler. Defendant relies on the well-established principle that "where the bill of indictment alleges a sale to one person and the proof tends to show only a sale...

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