State v. McDowell

At the outset we note with favor that in the bills of indictment the solicitor used an identifying address for the premises in question. State v. Sellers, 273 N.C. 641, 161 S.E. 2d 15; State v. Burgess, 1 N.C. App. 142, 160 S.E. 2d 105.

The defendants contend there was a fatal variance between the proof and the charges in the bills of indictment. A fatal variance between the indictment and the proof is properly raised by a motion for judgment as of nonsuit. 2 Strong, N. C. Index 2d, Criminal Law, § 107, p. 660. The defendants assert that they were charged with the second offense described in…