State v. . Martin
Supreme Court of North Carolina
State v. . Martin, 155 S.E. 447 (N.C. 1930)
199 N.C. 636; 1930 N.C. LEXIS 202
Stacy
State v. . Martin
Opinion of the Court
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.
Reference
- Full Case Name
- State v. Dewey Martin.
- Cited By
- 1 case
- Status
- Published