STATE v. SILAS

No. 171PA05.

627 S.E.2d 604 (2006)

STATE of North Carolina v. James Emanuel SILAS.

Supreme Court of North Carolina.

April 7, 2006.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by William P. Hart, Senior Deputy Attorney General, for the State-appellant.

Thomas K. Maher, Chapel Hill, for defendant-appellee.


BRADY, Justice.

At the close of all evidence, the trial court allowed the assistant district attorney to orally amend defendant's felony breaking or entering indictment by changing the specifically alleged intended felony to conform to the evidence presented at trial. Because we find this alteration of the indictment was prejudicial error for a reason other than that found by the Court of Appeals, we modify and affirm the...

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