STATE v. BOOTH

No. 8810SC397.

376 S.E.2d 242 (1989)

92 N.C. App. 729

STATE of North Carolina v. Matthew Ray BOOTH, Defendant.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Randy L. Miller, Raleigh, for the State.

Johnny S. Gaskins and J. Henry Banks, Jr., Henderson, for defendant-appellant.


COZORT, Judge.

Defendant appeals a twelve-year prison sentence imposed following his conviction of second-degree kidnapping. He contends that his motion to dismiss the kidnapping charge should have been granted because there was a fatal variance between the date of the kidnapping alleged in the indictment and the date as shown by the State's evidence at trial. This contention has merit.

The bill of indictment alleged that, on or about 10 March 1987, defendant...

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