STATE v. DAYE

No. 7910SC798.

262 S.E.2d 704 (1980)

STATE of North Carolina v. James Waddell DAYE.

Court of Appeals of North Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Elisha H. Bunting, Jr., Raleigh, for the State.

Carlos W. Murray, Jr., Raleigh, for defendant-appellant.


WEBB, Judge.

Defendant contends there was a fatal variance between the indictment and the proof at trial in that the evidence did not refer to "J. Riggings" as a corporation. We note that this is not a case in which there was proof that title to the stolen property was in someone other than the owner alleged in the indictment. If the proof had shown J. Riggings was an individual, the case should have been dismissed. State v. Vawter, 33 N.C...

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