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STATE v. GORDON

No. 7217SC452.

189 S.E.2d 550 (1972)

STATE of North Carolina v. Robert Ray GORDON.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Gen. Ralf F. Haskell, for the State.

Carroll F. Gardner, Mount Airy, and Charles M. Neaves, Elkin, for defendant appellant.

VAUGHN, Judge.

Defendant contends that the trial court erred in refusing to grant his petition for a new trial on the basis of newly discovered evidence. Appeal does not lie from a refusal to grant a new trial for newly discovered evidence. State v. Thomas, 227 N.C. 71, 40 S.E.2d 412; 3 Strong, N.C. Index 2d, Criminal Law, § 148. We have, however, treated defendant's appeal as a petition for certiorari, which...

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