STATE v. SMATHERS

No. 112.

214 S.E.2d 112 (1975)

287 N.C. 226

STATE of North Carolina v. Charlie SMATHERS.

Supreme Court of North Carolina.

May 6, 1975.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., and Roy A. Giles, Jr., Asst. Atty. Gen., Raleigh, for the State.

John I. Jay, Waynesville, and I. C. Crawford, Asheville, for defendant appellant.


SHARP, Chief Justice.

Appellant's brief does not purport to comply with Rule 28 of the Rules of Practice in the Supreme Court of North Carolina. However, since defendant appeals a life sentence, we refrain from dismissing the appeal and consider his only assignment of error which suggests merit. This assignment is that "the trial court erred in not allowing defendant's motion for a continuance."

The rule is firmly established that ordinarily a motion for continuance...

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