STATE v. SMITH

No. 7925SC445.

258 S.E.2d 847 (1979)

43 N.C. App. 376

STATE of North Carolina v. Esther Naomi SMITH.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. James C. Gulick, Raleigh, for the State.

Beal & Beal by Beverly T. Beal, Lenoir, for defendant-appellant.


ARNOLD, Judge.

Defendant first argues that the charges against her should have been dismissed because there was a fatal variance between the allegation of ownership of the property in the arrest warrant and the proof of ownership at trial. This argument is without merit. The warrant in this case charged defendant with stealing the property of "K-Mart Stores, Inc., Lenoir, N.C." Peggy Hammond, an employee of the store, testified that the name of the store is "K-Mart...

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