State v. . Whitley

Stacy, O. J.

Outside of the technical questions, presently to be considered, the case upon trial narrowed itself principally to issues of fact determinable alone by the jury.

Under the motion to nonsuit, the defendants say the record discloses a fatal variance between the indictment and the proof, in that the ownership of the property is laid in “Cannon Mills Company,” whereas the State’s evidence tends to show the stolen goods to be the property of “Cannon Mills.” S. v. Harris, 195 N. C., 306, 141 S. E., 883; S. v. Harbert, 185 N. C., 760, 118 S. E., 6; S. v. Gibson, 170 N. C., 697, 86 S. E.,…