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STATE v. SHELTON

No. 7417SC389.

205 S.E.2d 316 (1974)

21 N.C. App. 662

STATE of North Carolina v. John Wayne SHELTON.

Court of Appeals of North Carolina.

Certiorari Denied August 30, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Archie W. Anders, Raleigh, for the State.

Smith, Carrington, Patterson, Follin & Curtis by J. David James, Greensboro, for defendant appellant.

Certiorari Denied by Supreme Court August 30, 1974.

CAMPBELL, Judge.

Defendant contends that the trial court erred in denying his motion for 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. Gordon, 15 N.C. App. 241, 189 S.E.2d 550 (1972). We have, however, treated defendant's appeal...

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