Opinion

State v. Burney

  • 162 N.C. 613
  • 77 S.E. 852
  • 1913 N.C. LEXIS 406
Court
Supreme Court of North Carolina
Filed
Apr 2, 1913
Status
Published
Author
Brown
On the bench
Brown
Cited by
2 cases
Authority
More cited than 82.2%

The opinion

Brown, J.

Tlie case on appeal states: “The bill of indictment was returned by the grand jury at .September Term, 1912, and defendant moved for a continuance upon the ground that he was not ready to go, to trial. The solicitor for the State opposed the motion for continuance, and after hearing argument for both sides, the motion for continuance was denied, and defendant excepted.”

A motion for a continuance is a matter in the discretion of the trial court.

S. v. Hunter,

143 N. C., 607 ;

S. v. Sultan,

142 N. C., 569 ;

S. v. Pankney,

104 N. C., 840 ;

S. v. Scott,

80 N. C., 356 .

The ruling is not reviewable except where there has been an abuse of discretion.

S. v. Lindsey,

78 N. C., 499 .

No abuse of discretion is shown by the record. Nothing appears but the fact that the motion was made, argument was heard, and the motion denied.

The defendant assigns error in that the court permitted the solicitor to challenge Juror Smith for cause.

The facts are that before the jury was sworn or impaneled, and after the juror had been once passed, the solicitor asked permission to challenge the juror for cause, which was allowed. The juror was stood aside for cause. Defendant excepted.

*615

This was a matter within the sound discretion of the trial judge, and is not reviewable.

S. v. Vick,

132 N. C., 995 , and cases cited.

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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