Court of Appeals of North Carolina November 17, 1981, No. 815SC549 (State v. Washington)

VAUGHN, Judge.

Defendant appeals the denial of the motion for nonsuit. “A defendant must be convicted, if at all, of the particular offense charged in the bill of indictment. [Citations omitted.] Whether there is a fatal variance between the indictment and the proof is properly presented by defendant’s motion to dismiss.” State v. Cooper, 275 N.C. 283, 286-87, 167 S.E. 2d 266, 268 (1969).