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STATE v. MURPHY

No. 6926SC217.

167 S.E.2d 8 (1969)

4 N.C. App. 457

STATE of North Carolina v. George MURPHY.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. Harrison Lewis, Trial Attorney Claude W. Harris and Staff Attorney James E. Magner, Raleigh, for the State.

T. O. Stennett, Charlotte, for defendant appellant.

MORRIS, Judge.

Defendant presents as his sole assignment of error the court's overruling his motion for a continuance. Prior to entering a plea, defendant's counsel stated to the court that the defendant had "just at this minute" called to his attention a material witness he said was absolutely necessary to his defense, that the witness was serving time in the Prison Camp at Statesville, and that this was the first knowledge counsel had

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