State v. . Forte

Defendant logically and convincingly presses for error in the trial below the denial of his motion for judgment as of nonsuit upon all the evidence taken in the light most favorable to the State, for that there is a fatal variance between the offense contained in the bill of indictment and the proof offered. S. v. Gibson, 169 N. C., 318, 85 S. E., 7; S. v. Corpening, 191 N. C., 751, 133 S. E., 14; S. v. Dowless, 217 N. C., 589, 9 S. E. (2d), 18. The bill charges defendant with performing an operation upon “a woman quick with child” with intent thereby to destroy the child. C. S., 4226. The…