Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Guarascio, 205 N.C. App. 548 (Jul. 20, 2010)
There was no fatal variance between a forgery indictment and the evidence presented at trial. The indictment charged the defendant with forgery of “an order drawn on a government unit, STATE OF NORTH CAROLINA, which is described as follows: NORTH CAROLINA UNIFORM CITATION.” The evidence showed that the defendant, who was not a law enforcement officer, issued citations to several individuals. The court rejected the defendant’s arguments that the citations were not “orders” and were not “drawn on a government unit” because he worked for a private police entity.