holding a defendant's motion to dismiss insufficient to preserve the issue of a fatal variance where the defendant did not assert the variance as specific grounds for his motion to dismiss
Summary of this case from State v. Dickerson1995
holding a defendant's motion to dismiss insufficient to preserve the issue of a fatal variance where the defendant did not assert the variance as specific grounds for his motion to dismiss
Summary of this case from State v. DickersonFull title:PETITIONS FOR DISCRETIONARY REVIEW
Court:Supreme Court of North Carolina
Date published: Jan 1, 1995
State v. Baldwin, 117 N.C.App. 713, 717, 453 S.E.2d 193, 195,disc. review denied,341 N.C. 653, 462 S.E.2d 518…
State v. Wood1 has characteristics of a recidivist statute, a plain reading of the statute shows it creates a new…