State v. Waddell

HIGGINS, Justice.

The defendant by exceptive assignments, presents two questions for appellate review: (1) Did the court err in refusing to allow the motion to quash the indictment because of a variance between the charge and the proof? (2) Did the court err in denying the motion for a mistrial because of an unknown party’s statement to the prospective juror (Hinson) before his acceptance on the trial panel?

The indictment was drawn under G.S. 14-87 which makes it a felony for any person to take or attempt to take personal property from another, or from any place of business by the use or…