State v. . Martin
155 S.E. 447, 199 N.C. 636, 1930 N.C. LEXIS 202
Opinion
The defendant was indicted under one statute and convicted under another. The two are not the same. There is a fatal variance between the indictment and the proof. S. v. Corpening, 191 N. C., 751, 133 S. E., 14. The Attorney-General confesses error. The demurrer to the evidence will be sustained here as provided by C. S., 4643.
Eeversed.
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State v. . Martin, 155 S.E. 447, 199 N.C. 636, 1930 N.C. LEXIS 202 (N.C. 1930).
155 S.E. 447 (State v. . Martin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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11 S.E.2d 149 (Supreme Court of North Carolina, 1940)