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STATE v. FARRAR

No. COA05-1319-2.

660 S.E.2d 116 (2008)

STATE of North Carolina v. Pierre Torez-Omar FARRAR.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General David L. Elliott, for the State.

Parish & Cooke, by James R. Parish, Fayetteville, for defendant appellant.

McCULLOUGH, Judge.

Previously, this Court reversed defendant's conviction for first-degree burglary finding a fatal variance between the indictment and the jury instructions given by the trial judge. State v. Farrar, 179 N.C. App. 561, 634 S.E.2d 253 (2006). On 9 November 2007, our Supreme Court vacated that portion of this Court's decision which held that the variance was fatal, holding that where the variance is favorable...

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