State v. Farrar

McCullough, Judge.

Previously, this Court reversed defendant’s conviction for first-degree burglary finding a fatal variance between the indictment and the jury instructions given by the trial judge. State v. Farrar, 179 N.C. App. 561, 634 S.E.2d 253 (2006). On 9 November 2007, bur Supreme Court vacated that portion of this Court’s decision which held that the variance was fatal, holding that where the variance is favorable to defendant no prejudice results. Thus, defendant’s first-degree burglary conviction was reinstated. State v. Farrar, 361 N.C. 675, 651 S.E.2d 865 (2007).

This case was…