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STATE v. HUGHES

No. 9429SC545.

455 S.E.2d 912 (1995)

118 N.C. App. 573

STATE of North Carolina, v. Sam C. HUGHES, Defendant.

Court of Appeals of North Carolina.

April 18, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Emmett B. Haywood, for the State.

Roberts Stevens & Cogburn, P.A. by Max O. Cogburn, Asheville, for defendant-appellant.

EAGLES, Judge.

Defendant contends that the trial court erred in allowing the State to amend the bills of indictment and in denying defendant's motion to dismiss. After careful review of the record and briefs, we vacate the judgment.

I.

On 27 January 1992, defendant was indicted on three counts of embezzlement. G.S. 14-90. The bills of indictment charged that defendant embezzled gasoline "belonging to Mike...

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