Court of Appeals of North Carolina, 1975

State v. Gleason

State v. Gleason
Court of Appeals of North Carolina · Decided November 19, 1975 · Arnold, Britt, Vaughn
27 N.C. App. 587; 219 S.E.2d 350; 1975 N.C. App. LEXIS 1913

State v. Gleason

Opinion of the Court

BRITT, Judge.

It is well settled in this jurisdiction that a motion for a new trial on the ground of newly discovered evidence is addressed to the discretion of the trial court and refusal to grant the motion is not reviewable in the absence of abuse of discretion. State v. Parker, 235 N.C. 302, 69 S.E. 2d 542 (1952), cert. denied, 344 U.S. 825, 97 L.Ed. 642, 73 S.Ct. 25 (1952) ; State v. Morrow, 264 N.C. 77, 140 S.E. 2d 767 (1965) ; State v. Lee, 22 N.C. App. 4, 205 S.E. 2d 360 (1974).

*588We have carefully. reviewed the record in this case and conclude that the trial court did not abuse its discretion in denying defendant’s motion.

Judges Vaughn and Arnold concur.

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