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STATE v. PAYNE

No. 7124SC96.

180 S.E.2d 379 (1971)

11 N.C. App. 101

STATE of North Carolina v. Ted Floyd PAYNE, Jr.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

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

Swain & Fowler by Robert S. Swain, Asheville, for defendant appellant.

CAMPBELL, Judge.

Defendant's first assignment of error is directed at the court's refusal to grant defendant's motion for a continuance. The motion was based on the fact that an essential defense witness was not present in court, although a subpoena had been issued. A motion for a continuance is addressed to the discretion of the court and should not be disturbed absent a showing of an abuse of this discretion. State v. Patton, 5 N.C. App. 164

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