STATE v. LANE

No. 653.

128 S.E.2d 389 (1962)

258 N.C. 349

STATE v. Oggie Lee LANE.

Supreme Court of North Carolina.

December 12, 1962.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., G. A. Jones, Jr., Asst. Atty. Gen., for the State.

Wade H. Penny, Jr., Durham, for defendant, appellant.


PER CURIAM.

The defendant's only assignments of error are to the denial of his motions for a continuance and a mistrial. He contends that his request for a continuance was based on a right guaranteed by the Fourteenth Amendment to the United States Constitution and by Article I, sections 11 and 17 of the North Carolina Constitution.

Ordinarily, whether a case shall be continued rests in the sound discretion of the trial judge. "But when the motion is based...

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