State v. Cronin

In State v. Cronin, 299 N.C. 229, 262 S.E.2d 277, the indictment stated that the defendant had received "currency of the United States in the value of . . . $ 5,704.54," but the proof showed that the defendant received a bank loan, which included a $ 4,900.00 cashier's check, $ 500.00 to pay off a previous note, and $ 304.54 for credit life insurance. Id. at 234, 262 S.E.2d at 281. The indictment was challenged on other grounds, but the conviction was upheld. Id. "It is not legally significant whether the thing gained by the party perpetrating the criminal act is in the same form as it was when taken by false pretense from the owner." State v. Wilson, 34 N.C. App. 474, 476, 238 S.E.2d 632, 634, review denied and appeal dismissed, 294 N.C. 188, 241 S.E.2d 72 (1977). In Wilson, the Court found that there was no variance where the bill of indictment charged that the defendant obtained money from his employer and the evidence disclosed that he received a color television set and a clothes dryer from another party in exchange for the money pursuant to a prior agreement. Id.