STATE v. BREWER

No. 8526SC1125.

341 S.E.2d 354 (1986)

STATE of North Carolina v. Kenneth BREWER.

Court of Appeals of North Carolina.

April 1, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Lucien Capone III, Dept. of Justice, Raleigh, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Marc D. Towler, Charlotte, for defendant-appellant.


EAGLES, Judge.

By his sole assignment of error defendant argues that the trial court erred in denying his motion to dismiss the charge of first degree burglary. Defendant contends that the State's proof was fatally at variance from the indictment because the felonious intent alleged was not the felonious intent proved. We disagree.

The indictment charging defendant with the crime of first degree burglary alleged that the defendant feloniously broke and entered...

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