State v. Christopher

HILL, Judge.

Defendant contends that error occurred in his trial with respect to both charges. We conclude that the trial court did commit error in connection with the receiving charge but find no merit in defendant’s assignments of error in the conspiracy case.

Defendant contends first that there was a fatal variance between the crimes charged in the bills of indictment and the proof of the same with respect to ownership and time.

The indictments allege ownership of the hams in “Mom (n) Pops Smokehouse, Inc., a corporation, located in Claremont, North Carolina.” At trial the owner of the stolen…