STATE v. CRUTCHFIELD

No. 6926SC301.

169 S.E.2d 43 (1969)

5 N.C. App. 586

STATE of North Carolina v. William Fisher CRUTCHFIELD.

Court of Appeals of North Carolina.

August 13, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William W. Melvin and Staff Atty. T. Buie Costen, Raleigh, for the State.

Peter A. Foley, Charlotte, N. C., for defendant appellant.


BRITT, Judge.

Defendant assigns as error the failure of the trial court to grant his motion for postponement of the trial due to illness of defendant's attorney.

At his trial in superior court, defendant was represented by Attorney Joe L. Kirkley. The record discloses that during the calling of the calendar on the day preceding the trial, Mr. Kirkley handed the court a written motion for postponement and a letter from a Dr. Phelps stating that Attorney Kirkley...

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