indictment.” State v. Taylor, 301 N.C. 164, 170, 270 S.E.2d 409, 413 (1980) (citations omitted). However, “ ‘[a]llegations beyond the essential elements of the crime sought to be charged are irrelevant and may be treated as surplusage.’ ” State v. Westbrooks, 345 N.C. 43, 57, 478 S.E.2d 483, 492 (1996) (quoting State v. Taylor, 280 N.C. 273, 276, 185 S.E.2d 677, 680 (1972)). Defendant was charged with felonious child abuse under N.C.G.S. § 14-318.4(a2). The essential elements of felonious child abuse under subsection (a2) are (1) the defendant is a parent or legal guardian of (2) a child less than 16 years of age, (3) who commits or allows the commission of any sexual act upon that child. N.C. Gen. Stat. § 14-318.4(a2); see State v. Qualls, 130 N.C. App. 1, 8, 502 S.E.2d 31, 36 (1998) (<HOLDING>), disc. review denied, 349 N.C. 237, 516 S.E.2d
holding variance between the specific injury alleged in the indictment and the evidence at trial was not fatal where it was only necessary to allege under nc gen stat  143184a that the defendant caused serious injury and the actual injury alleged was surplusage holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision holding that a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if but only if said plaintiff 1 is closely related to the injury victim 2 is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim and 3 as a result suffers serious emotional distress holding that noncompetitors injury was an antitrust injury as it was inextricably intertwined with the injury the conspirators sought to inflict