STATE v. SEALEY

No. 7826SC1168.

254 S.E.2d 238 (1979)

41 N.C. App. 175

STATE of North Carolina v. Olin Delano SEALEY.

Court of Appeals of North Carolina.

May 1, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

G. Miller Jordan, Charlotte, for defendant appellant.


PARKER, Judge.

By a motion to supplement the defendant's brief, which we have treated as a memorandum of additional authorities under Rule of Appellate Procedure 28(g), the defendant argues that there was a fatal variance between the count of the indictment charging sale of dilaudid and the proof of that count. We agree and vacate the judgment on the sale count.

The count in question charged the defendant with selling dilaudid to N. C. Mills. The evidence...

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