State v. Linker

EXUM, Justice.

Defendant, Barry Lee Linker, was charged in two proper indictments with obtaining and attempting to obtain property by false pretenses from the Wachovia Bank and Trust Company. See N.C. Gen. Stat. § 14-100(a) (1981) (making it an offense to obtain property “by means of any kind of false pretense whatsoever . . .”). At the close of the state’s evidence, defendant moved that the indictment be dismissed due to a variance between the acts charged in the indictment and those proved at trial. The essence of defendant’s position hinged on the absence of any misrepresentation by him as…