State v. Killian

HEDRICK, Judge.

The defendant assigns as error the Court’s denial of his timely motion for judgment as of nonsuit. Although the evidence in this case reveals a rather bizarre situation, we think it sufficient to require the submission of the case to the jury and to support the verdict.

The defendant contends:

“. . . (T)he Court erred in denying defendant’s motion in arrest of judgment as pronounced in this case because of a material variance in the bill of indictment and the proof of ownership of property alleged stolen.”

In State v. Cotten, 2 N.C. App. 305, 163 S.E. 2d 100 (1968), it is said:

“The…