[DOWNLOAD] "North Carolina v. Rigsbee" by Court of Appeals of North Carolina No. 7412SC185 # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Rigsbee
- Author : Court of Appeals of North Carolina No. 7412SC185
- Release Date : January 03, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
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, 198 S.E.2d 86 (1973); State v. Fountain, 14 N.C. App. 82, 187 S.E.2d 493 (1972). Counsel for defendant concedes that he was aware of the contents of the conversations between defendant and Mary Helen Allen at the time of his conference with defendant in mid June 1973. He filed a written motion for disclosure of identity on 31 August 1973, which was allowed by the court. The case was continued from 10 September to 13 September at defendant's instance in order that he be able to locate said witness. On 13 September, defendant's motion for a further continuance was denied, with the court finding that Mary Helen Allen had been served with a subpoena but had failed to appear. Defendant has shown neither prejudice nor abuse of discretion.