State v. Bailey

VAUGHN, Judge.

Defendant brings several assignments of error which evolve into four basic issues. We shall consider these issues in the same order in which they developed at trial.

The first question concerns a variance between the date of the offense charged in the bill of indictment, 17 April 1979, and the date of the events proven at trial, 17 February 1979. J.R. Bailey was arrested for the shooting on 18 February 1979. The indictment charged him with shooting Perry on 17 February 1979. Defendant is the father of J.R. Bailey. On 22 May 1979, defendant was arrested pursuant to a warrant which…