STATE v. LOWERY

No. 7313SC395.

197 S.E.2d 27 (1973)

18 N.C. App. 485

STATE of North Carolina v. Dennis Ray LOWERY.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Russell G. Walker, Jr., Raleigh, for the State.

Frink, Foy & Gainey by Henry G. Foy, Southport, for defendant appellant.


HEDRICK, Judge.

Defendant assigns as error the denial of his motion for a continuance.

Ostensibly, defendant sought a continuance in order to obtain the presence of Billy Inman as a witness; however, the motion to continue was not supported by affidavits setting forth the reasons for the motion or detailing what steps had been taken to secure his presence as a witness. Indeed, in response to questioning by the solicitor, defendant stated:

"I did not...

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