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STATE v. STEPNEY

No. 92.

185 S.E.2d 844 (1972)

280 N.C. 306

STATE of North Carolina v. Lawrence STEPNEY.

Supreme Court of North Carolina.

January 28, 1972.

Attorney(s) appearing for the Case

E. Lamar Sledge, New Bern, appointed Counsel for defendant appellant.

Robert Morgan, Atty. Gen., James L. Blackburn, Walter E. Ricks, III, Staff Attys., Raleigh, for the State of North Carolina.

HUSKINS, Justice:

Prior to introduction of evidence defendant moved for a continuance due to absence of witnesses "located in the area of Chicago," allegedly necessary to prove his defense of alibi. Denial of the motion constitutes defendant's first assignment of error.

A motion for continuance is ordinarily addressed to the discretion of the trial judge and his ruling thereon is not subject to review absent abuse of discretion. State v. Stinson,

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