State v. Clemmons

MORRIS, Judge.

Defendant assigns as error the denial of his motion for non-suit and bases his argument on two grounds: (1) the insufficiency of the evidence, and (2) variance in the charge (the indictment alleging that the money was taken “from the presence, person, place of business of Elizabeth Ann McCormick”) and the proof (evidence that the money was taken from the person and presence of Mr. McCormick).

Turning first to the sufficiency of the evidence, it is established that Dale Ray and another acted in concert in committing the armed robbery. Dale and defendant were together at 5:30 p.m.…