Supreme Court of North Carolina, 1957

State v. Gillyard

State v. Gillyard
Supreme Court of North Carolina · Decided May 8, 1957
246 N.C. 217; 97 S.E.2d 890; 1957 N.C. LEXIS 405

State v. Gillyard

Opinion of the Court

PER CuRiam.

Defendant’s motion to nonsuit and other assignments of error revolve around the failure of the State to establish that the alleged crime was committed on the date specified in the bill of indictment. The failure of the State to establish that the crime was committed on 27 March as alleged in the bill of indictment does not relieve defendant from responsibility for his criminal act. Time was not of the essence. S. v. Trippe, 222 N.C. 600, 24 S.E. 2d 340.

No error.

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