STATE v. LEE

No. 60.

238 S.E.2d 299 (1977)

293 N.C. 570

STATE of North Carolina v. Elmer LEE.

Supreme Court of North Carolina.

November 11, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Robert P. Gruber, Raleigh, for the State.

Strickland & Fuller by Robert E. Fuller, Jr., Goldsboro, for defendant.


COPELAND, Justice.

Defendant, seeking a new trial, assigns a number of errors. For reasons hereinafter indicated, we conclude that he has had a fair trial, free of prejudicial error.

Defendant first argues that it was error to deny his motion for continuance made the first day of trial. Ordinarily a motion for continuance is addressed to the sound discretion of the trial judge; however, when such a motion is based on a constitutionally guaranteed right, the...

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