Supreme Court of North Carolina, 1930

State v. . Martin

State v. . Martin
Supreme Court of North Carolina · Decided October 29, 1930 · Stacy
155 S.E. 447; 199 N.C. 636; 1930 N.C. LEXIS 202 (South Eastern Reporter)
State v. . Martin

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stacy, C. J.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.