STATE v. EATMAN

No. 777SC587.

239 S.E.2d 633 (1977)

34 N.C. App. 665

STATE of North Carolina v. Barbara Jean EATMAN, a/k/a Barbara Jean Braswell, a/k/a Barbara Jean Melvin.

Court of Appeals of North Carolina.

December 21, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Acie L. Ward, Raleigh, for the State.

Fitch, Butterfield & Sumner by Milton F. Fitch, Jr., Wilson, for defendant.


MARTIN, Judge.

Defendant's counsel contends that the trial court erred in denying his motion for continuance and thereby deprived defendant of an opportunity fairly to prepare and present her defense in violation of the Federal and State Constitutions. Specifically, counsel argues that he requested the continuance in order to locate a crucial witness whom he had previously attempted to locate without success.

It is a well recognized rule that the Sixth...

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