{
  "id": 8548725,
  "name": "STATE OF NORTH CAROLINA v. JAMES WADDELL DAYE",
  "name_abbreviation": "State v. Daye",
  "decision_date": "1980-02-19",
  "docket_number": "No. 7910SC798",
  "first_page": "316",
  "last_page": "318",
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      "cite": "45 N.C. App. 316"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name": "N.C."
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      "cite": "182 S.E. 338",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "year": 1935,
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    {
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      "category": "reporters:state",
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    {
      "cite": "234 S.E. 2d 438",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "opinion_index": 0
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    {
      "cite": "33 N.C. App. 131",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8548236
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      "year": 1977,
      "opinion_index": 0,
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        "/nc-app/33/0131-01"
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  "last_updated": "2023-07-14T22:44:38.339487+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Parker and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES WADDELL DAYE"
    ],
    "opinions": [
      {
        "text": "WEBB, Judge.\nDefendant contends there was a fatal variance between the indictment and the proof at trial in that the evidence did not refer to \u201cJ. Riggings\u201d as a corporation. We note that this is not a case in which there was proof that title to the stolen property was in someone other than the owner alleged in the indictment. If the proof had shown J. Riggings was an individual, the case should have been dismissed. State v. Vawter, 33 N.C. App. 131, 234 S.E. 2d 438 (1977). In the case sub judice, the indictment alleged that J. Riggings, Inc. owned the two suits. The proof was that they were owned by \u201cJ. Riggings, a man\u2019s retailing establishment,\u201d \u201cJ. Riggings store\u201d and \u201cJ. Riggings.\u201d The question posed by this appeal is whether this proof is so at variance with the indictment that the case should be dismissed. We hold that it is not. The evidence was that the suits were owned by the entity named in the indictment. We hold that it was not a fatal variance that no one testified J. Riggings was a corporation. See State v. Whitley, 208 N.C. 661, 182 S.E. 338 (1935).\nThe defendant also assigns error to a comment by the court during the trial. The State objected to the way defendant answered a question. The following comment was made:\n\u201cCOURT: Sustained. Just answer the question asked and we\u2019ll get along better.\u201d\nWe hold the defendant suffered no prejudicial error by this statement.\nNo error.\nJudges Parker and Arnold concur.",
        "type": "majority",
        "author": "WEBB, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General Elisha H. Bunting, Jr., for the State.",
      "Carlos W. Murray, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES WADDELL DAYE\nNo. 7910SC798\n(Filed 19 February 1980)\n1. Larceny \u00a7 7.3\u2014 larceny of property from corporation \u2014no fatal variance between indictment and proof\nThere was no fatal variance between indictment and proof where the indictment charged that defendant aided and abetted in the larceny of two suits owned by \u201cJ. Riggings, Inc., a corporation\u201d and the evidence showed the suits were owned by \u201cJ. Riggings, a man\u2019s retailing establishment,\u201d \u201cJ. Riggings store,\u201d and \u201cJ. Riggings,\u201d since the evidence sufficiently showed that the suits were owned by the entity named in the indictment, and no fatal variance occurred because the evidence did not refer to the owner as a corporation.\n2. Criminal Law \u00a7 99.7\u2014 court\u2019s statement to defendant \u2014 no prejudice to defendant\nDefendant was not prejudiced when the trial judge, in sustaining the State\u2019s objection to the way defendant answered a question, stated to defendant, \u201cJust answer the question asked and we\u2019ll get along better.\u201d\nAPPEAL by defendant from Bailey, Judge. Judgment entered 27 March 1979 in Superior Court, WAKE County. Heard in the Court of Appeals 29 January 1980.\nDefendant was charged with aiding and abetting another man to \u201csteal, take, and carry away two (2) men\u2019s suits, the property [of] J. Riggings, Inc., a corporation, such property having a value of $350.00.\u201d At trial, the State\u2019s witnesses referred to: \u201cJ. Rig-gings, a man\u2019s retailing establishment,\u201d \u201cJ. Riggings store,\u201d and \u201cJ. Riggings\u201d as the entity named in the indictment.\nFrom a verdict of guilty of aiding and abetting in larceny and the imposition of a prison sentence, defendant appealed.\nAttorney General Edmisten, by Assistant Attorney General Elisha H. Bunting, Jr., for the State.\nCarlos W. Murray, Jr., for defendant appellant."
  },
  "file_name": "0316-01",
  "first_page_order": 344,
  "last_page_order": 346
}