STATE v. NELSON

No. 7426SC594.

209 S.E.2d 355 (1974)

23 N.C. App. 458

STATE of North Carolina v. Marvin Ray NELSON and James Patrick Martin, Jr.

Court of Appeals of North Carolina.

Appeal Dismissed December 30, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Donald A. Davis, Raleigh, for the State.

J. Reid Potter, Charlotte, for defendant appellant Nelson.

Edmund A. Liles, Charlotte, for defendant appellant Martin.


Appeal Dismissed by Supreme Court December 30, 1974.

MARTIN, Judge.

Defendants bring forward numerous assignments of error, all of which apply to both defendants. Defendants first contend that the trial court erred in denying their motion for a continuance made at the start of their trial. The motion was based upon the absence of a defense witness, Jerry McMillan, even though a subpoena had been issued. A motion for a continuance is addressed to the sound...

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