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STATE v. MARTIN

No. 7830SC1089.

252 S.E.2d 859 (1979)

STATE of North Carolina v. Andy MARTIN.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Jane Rankin Thompson, Raleigh, for the State.

Joseph A. Pachnowski, Bryson City, for defendant appellant.

CARLTON, Judge.

The sole question for determination is whether the trial court erred in denying defendant's motion for a new trial on the basis of newly discovered evidence.

G.S. 15A-1415 provides in pertinent part as follows:

(a) At any time after verdict, the defendant by motion may seek appropriate relief upon any of the grounds enumerated in this section. (b) The following are the only grounds...

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