State v. Keziah

Defendant contends inter alia that, with reference to what Keziah testified in the Recorder's Court, there is a fatal variance between the indictment and the proof. This question is properly presented by defendant’s motion for judgment as of nonsuit. S. v. Hicks, 233 N.C. 31, 62 S.E. 2d 497, and cases cited; S. v. Law, 227 N.C. 103, 40 S.E. 2d 699, and cases cited.

“. . . a defendant must be convicted, if convicted at all, of the particular offense charged in the bill of indictment.” S. v. Jackson, 218 N.C. 373, 11 S.E. 2d 149, -and cases cited. “The evidence must correspond with the charge…