State v. Bryant
State v. Bryant
Opinion of the Court
Defendant first challenges the denial of his motion for continuance. The record indicates that defendant’s court-appointed counsel argued in support of his motion that some of the witnesses to be called on defendant’s behalf were in Central Prison, but counsel failed to name those witnesses or state what facts were expected to be testified to by them or that the evidence would be procured at or before some named subsequent term. State v. Stepney, 280 N.C. 306, 185 S.E. 2d 844. At trial, defendant, his wife, two witnesses housed in the Umstead Youth Center and a witness who allegedly acted as a babysitter for defendant’s children on 19 February all testified on behalf of defendant and their evidence tended to support defendant’s denial of participation in the offenses charged and to support his defense of alibi. “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.” State v. Moses, 272 N.C. 509, 512, 158 S.E. 2d 617; State
Defendant next argues that he was prejudiced by denial of his motion for a change in venue. His argument is based upon matters not in the record and no argument on behalf of defendant’s motion was presented to the trial court. Defendant’s second assignment of error is overruled.
In his third assignment of error defendant challenges the court’s failure to strike testimony to the effect that the witness was told by another that defendant had admitted stealing the goods. This assignment of error is overruled. The statement was made while the witness was being cross-examined ■ by defendant .and defendant does not bring forward his question to which the witness was presumably responding. Moreover, defendant did not move to strike the answer and has, consequently, waived his objection.
Assignment of error number four challenges the overruling of defendant’s objections to testimony that defendant had possession of personal property not listed in the indictment or warrant. Defendant argues that the State offered no evidence to show that defendant had been convicted of stealing the items mentioned and that he was prejudiced in that the jury may have considered possession of these items to have been evidence that defendant was guilty of other crimes.' We disagree. The items complained of were'not introduced as substantive evidence and the State did not contend at this trial that possession of these items was illegal or the result of illegal activity.- Defendant has failed to demonstrate how he was prejudiced by this evidence and this assignment of error is overruled. See State v. Salem, 17 N.C. App. 269, 273, 193 S.E. 2d 755, cert. denied, 283 N.C. 259, 195 S.E. 2d 692.
In his seventh assignment of error defendant challenges the failure of the trial court to instruct the jury that certain testimony by Annette relating a. conversation with another witness could only be considered as corroborative. Immediately prior; to the evidence objected to, and without. request from defendant, the court instructed the jury-concerning the purposes for which they could consider such, evidence. It . was not necessary for the court to repeat- this instruction each time defendant objected to a question relating to. the conversation.
We have carefully examined defendant’s remaining assignments of error. We find no prejudicial error in the trial.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.