In the Matter of A.W., 209 N.C. App. 596 (2011)

Held: 
Vacated and Remanded

A one-week difference between the date of offense alleged in the petition for indecent liberties between children and the date shown by the evidence did not require a dismissal where the variance was slight and did not prevent the juvenile from presenting an adequate defense. The petition alleged the offense occurred on November 14, 2008, and the evidence showed that it occurred the weekend of November 7-9, 2008.

Category:
Pre-Adjudication
Stage:
Juvenile Petitions
Topic:
Fatal Variance
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