State v. Bryant, 244 N.C. App. 102 (Nov. 17, 2015)

An indictment charging discharging a firearm into an occupied dwelling was not defective. The indictment alleged that the defendant “discharge[d] a firearm to wit: a pistol into an apartment 1727 Clemson Court, Kannapolis, NC at the time the apartment was occupied by Michael Fezza” and that the defendant violated G.S. 14-34. The defendant was convicted of discharging a weapon into an occupied dwelling in violation of G.S. 14-34.1. The court rejected the defendant’s argument that the term “apartment,” as used in the indictment, was not synonymous with the term “dwelling,” the term used in the statute. On this issue the court stated: “We refuse to subject defendant’s … indictment to hyper technical scrutiny with respect to form.” Next, the court held that although the indictment incorrectly referenced G.S. 14-34 instead of G.S. 14-34.1(b), the error was not a fatal defect.