State v. Martin

Per' Curiam.'

Défendant contends' there was a fatal variance between the indictment and proof, in that the indictment charges defendant broke and entered “Hill’s Sporting Goods, Ixic., '1720 Louisburg Road, Raleigh,” and in the proof the corporation was variously referred to as “Hill’s, Inc.,” “Hill’s Sporting Goods,” or “Hill’s,” located at 1720 North Boulevard. The names were used interchangeably by the witnesses to identify the same occupant of the building and the same owner of the property.

In State v. Wyatt, 254 N.C. 220, 118 S.E. 2d 420, the indictment for embezzlement alleged ownership…