STATE v. STALEY

No. 8318SC1217.

321 S.E.2d 551 (1984)

STATE of North Carolina v. Bobby Lee STALEY.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. David E. Broome, Jr., Raleigh, for the State.

Robert S. Cahoon, Greensboro, for defendant-appellant.


PHILLIPS, Judge.

Defendant contends that his motion to dismiss, made at the end of all the evidence, should have been granted for two reasons: First, because of a fatal variance between the indictment and proof; and, second, because the evidence was insufficient to warrant his conviction. Though these are good grounds for dismissal in appropriate cases, this is not such a case. The variance between the indictment and proof in this case was of no consequence...

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