STATE v. KERSH

No. 7129SC460.

182 S.E.2d 608 (1971)

12 N.C. App. 80

STATE of North Carolina v. Grady Debbs KERSH.

Court of Appeals of North Carolina.

Appeal Dismissed October 5, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. R. Bruce White, Jr., and Trial Atty. Ladson F. Hart, Raleigh, for the State.

J. T. Arledge, Tryon, for defendant appellant.


Appeal Dismissed by Supreme Court October 5, 1971.

GRAHAM, Judge.

Defendant contends that his motion to dismiss and his subsequent motion in arrest of judgment were improperly overruled, arguing that the bill of indictment did not charge the offense of possessing implements of housebreaking as set forth in G.S. § 14-55; and further, that there was a fatal variance between the indictment and the proof.

The indictment was drawn under the provisions...

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