State v. Slade

PARKER, Judge.

Defendant’s sole assignment of error is that the trial court erred in denying his motion to dismiss the charge against him. He contends that the indictment charged that he “did give” marijuana to an inmate but the evidence only showed that he “attempted to procure” the deputy to give the marijuana to defendant’s wife. A motion to dismiss is a proper method to raise a fatal variance between indictment and proof. State v. Law, 227 N.C. 103, 40 S.E. 2d 699 (1946); State v. Pulliam, 78 N.C. App. 129, 336 S.E. 2d 649 (1985).

Defendant was convicted of a violation of G.S. 14-258.1(a)…