STATE v. LILLY

No. COA08-421.

673 S.E.2d 718 (2009)

STATE of North Carolina v. James Edward LILLY, Defendant.

Court of Appeals of North Carolina.

March 17, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Anne J. Brown, for the State.

James N. Freeman, Jr., Elkin, for defendant-appellant.


GEER, Judge.

Defendant James Edward Lilly appeals his convictions of injury to real property and discharging a weapon into occupied property. On appeal, defendant primarily contends that the indictment for the charge of injury to real property, which incorrectly described the lessee of the real property as its owner, fatally varied from the evidence presented at trial. We hold that the indictment was sufficient because it properly identified the lawful possessor of...

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