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STATE v. BRYANT

No. 362.

72 S.E.2d 750 (1952)

236 N.C. 379

STATE v. BRYANT.

Supreme Court of North Carolina.

October 29, 1952.

Attorney(s) appearing for the Case

David J. Turlington, Jr., Clinton, for defendant-appellant. Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton, for the State.

WINBORNE, Justice.

Appeal to the Supreme Court does not lie from a discretionary determination of an application for a new trial on the ground of newly discovered evidence. See State v. Suddreth, 230 N.C. 754, 55 S.E.2d 690; also State v. Thomas, 227 N.C. 71, 40 S.E.2d 412; State v. Rodgers, 217 N.C. 622, 8 S.E.2d 927; State v. Lea, 203 N.C. 316, at page 322, 166 S.E. 292, and cases there cited. Also State v. Grass, 223 N.C. 859, 27 S.E.2d 443; State v. Parker,

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