State v. Watson

The defendant’s motion for judgment as of non-suit, made at the conclusion of the State’s evidence and renewed at the conclusion of all the evidence, should have been granted. The indictment charged that the defendant forced .open “a safe of R. C. H. Harriss.” The State’s evidence shows that the cabinet forced open on the occasion in question was the property of Harriss-Conners Chevrolet, Inc. This was a fatal' variance between the offense charged in the indictment and the proof. State v. Brown, 263 N.C. 786, 140 S.E. 2d 413; State v. Stinson, 263 N.C. 283, 139 S.E. 2d 558. “It is a rule of…