STATE v. VINCENT

No. 779SC697.

241 S.E.2d 390 (1978)

35 N.C. App. 369

STATE of North Carolina v. Ricardo William VINCENT.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. James L. Stuart, Raleigh, for the State.

A. A. Zollicoffer, Jr., Zollicoffer & Zollicoffer, Henderson, for defendant appellant.


MITCHELL, Judge.

Defendant brings forward numerous exceptions and assignments of error, most of which relate solely to the charge upon which the jury found him guilty of second-degree rape. We need not discuss all of the assignments.

The defendant contends there was a fatal variance between the time of the crime as alleged in the bill of indictment and the time as established by the State's evidence. There is merit in this contention.

The time fixed...

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