STATE v. IPOCK

No. 290.

86 S.E.2d 798 (1955)

242 N.C. 119

STATE v. Nolan M. IPOCK.

Supreme Court of North Carolina.

April 13, 1955.


Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for defendant-appellant.

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.


HIGGINS, Justice.

The defendant's assignment of error No. 1A is to the refusal of the court to continue the case on the ground of defendant's illness. The only evidence presented on the motion to continue was the certificate of Dr. Duffy who advised "home care," but does not say the defendant is unable to stand trial or that a trial would endanger his health. Granting or denying a motion for continuance rests in the sound...

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