State v. Smith

ARNOLD, Judge.

Defendant first argues that the charges against her should have been dismissed because there was a fatal variance between the allegation of ownership of the property in the arrest warrant and the proof of ownership at trial. This argument is without merit. The warrant in this case charged defendant with stealing the property of “K-Mart Stores, Inc., Lenoir, N. C.” Peggy Hammond, an employee of the store, testified that the name of the store is “K-Mart, Inc.” or “K-Mart Corporation.” Defendant’s witness H. F. Kirk, manager of the Lenoir K-Mart, testified that the correct…