State v. Huckelba, 240 N.C. App. 544 (Apr. 21, 2015)

rev’d on other grounds, 368 N.C. 569 (Dec. 18, 2015)

In a carrying a weapon on educational property case, the court rejected the defendant’s argument that there was a fatal variance between the indictment, which alleged that the defendant possessed weapons at “High Point University, located at 833 Montlieu Avenue” and the evidence, which showed that the conduct occurred at “1911 North Centennial Street.” The court concluded: “The indictment charged all of the essential elements of the crime: that Defendant knowingly possessed a Ruger pistol on educational property—High Point University. We agree with the State that the physical address for High Point University listed in the indictment is surplusage because the indictment already described the ‘educational property’ element as ‘High Point University.’”