19 N.C. App. 191 | N.C. Ct. App. | 1973
Defendant contends there is a fatal variance between the charge in the indictments and the proof in that the indictments charged the commission of the crimes on 5 and 9 May 1972 when the evidence showed that they actually occurred on 29 May 1972.
The checks involved were attached to and made a part of the indictment. Defendant was fully informed of the charges against him and protected from any subsequent trial for the same offenses. Any variance in allegation and proof was not prejudicial.
Other assignments of error concerning the charge of the court with respect to flight and the procedure by which the verdict was returned are without merit. The evidence against defendant was clear and convincing. We find no prejudicial error in the trial.
No error.