STATE v. SLADE

No. 8517SC1252.

343 S.E.2d 571 (1986)

STATE of North Carolina, v. Phillip Lamont SLADE.

Court of Appeals of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. James B. Richmond, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter by Asst. Appellate Defender Geoffrey C. Mangum, Raleigh, for defendant-appellant.


PARKER, Judge.

Defendant's sole assignment of error is that the trial court erred in denying his motion to dismiss the charge against him. He contends that the indictment charged that he "did give" marijuana to an inmate but the evidence only showed that he "attempted to procure" the deputy to give the marijuana to defendant's wife. A motion to dismiss is a proper method to raise a fatal variance between indictment and proof. State v. Law, 227 N.C. 103, 40...

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