State v. Cromartie, ___ N.C. App. ___, 810 S.E.2d 766 (Feb. 6, 2018)

Over a dissent, the court held that the trial court did not err by denying the defendant’s motion to dismiss a charge of resisting a public officer on grounds of fatal variance. The indictment specified that the defendant resisted by running away from the officer on foot. The evidence showed that although the defendant initially was on a moped, he continued to elude the officer on foot after the moped overturned.

There was dissenting opinion in this case.