In the Matter of D.S., 197 N.C. App. 598 (2009), reversed on other grounds by, 364 N.C. 184 (2010)

Held: 
Affirmed in Part
Vacated in Part

The Court of Appeals rejected the juvenile’s argument that there was a fatal variance between the simple assault petition and the evidence because the petition alleged that he touched the victim with his hands, while the evidence showed only that he touched her with an object, a “Pixy Stix” candy. The court held that the variance was not material and did not affect the juvenile’s ability to prepare a defense.

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