State v. Roberts
State v. Roberts
Opinion of the Court
Defendant’s sole assignment of error is that the trial court abused its discretion in denying his motion for a continuance made at the beginning of trial. State v. Garner, 203
The record of the case on appeal contains no showing that defendant planned to call his wife as a witness or if he did, what her testimony would have been.
“Whether a defendant bases his appeal upon an abuse of judicial discretion, or a denial of his constitutional rights, to entitle him to a new trial because his motion to continue was not allowed, he must show both error and prejudice. (Citation omitted.)” State v. Moses, 272 N.C. 509, 512, 158 S.E. 2d 617 (1968).
We find neither error nor prejudice in this case.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.