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STATE v. RIGSBEE

No. 7412SC185.

203 S.E.2d 660 (1974)

21 N.C. App. 188

STATE of North Carolina v. Jack W. RIGSBEE.

Court of Appeals of North Carolina.

April 3, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. William Woodward Webb, Raleigh, for the State.

Cherry & Grimes by Donald W. Grimes, Fayetteville, for defendant appellant.

MORRIS, Judge.

Defendant assigns error to the denial of his motion for continuance based upon the unavailability of the witness Mary Helen Allen. This Court has held continually that such a motion may be granted or denied in the sound discretion of the trial court. State v. Willis, 20 N.C. App. 365, 201 S.E.2d 588 (1974); State v. Howes, 19 N.C. App. 155

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