State v. . Garner

Supreme Court of North Carolina
State v. . Garner, 166 S.E. 180 (N.C. 1932)
203 N.C. 361; 1932 N.C. LEXIS 400
Stacy

State v. . Garner

Opinion of the Court

Stacy, C. J.

The only exception, which needs to be specifically noticed, is the one addressed to the refusal of the court to grant the defendants’ motion for a continuance. While, ordinarily, this is a matter resting in the sound discretion of the trial court, nevertheless, it should be remembered that defendants have a constitutional right of confrontation, which cannot lawfully be taken from them, and this includes the right of a fair opportunity to face “the accusers and witnesses with other testimony.” Section 11, Bill of Eights; S. v. Lea, ante, 13; S. v. Ross, 193 N. C., 25, 136 S. E., 193. But the record is barren of any *362 affidavits, or evidence tending to show a denial of this right. S. v. Rhodes, 202 N. C., 101, 161 S. E., 722; S. v. Sauls, 190 N. C., 810, 130 S. E., 848; S. v. Riley, 188 N. C., 72, 123 S. E., 303. In the absence of a clear showing, the exception must be overruled. The burden is on appellants to show error, and they must make it appear clearly, as the presumption is against them. Baker v. Clayton, 202 N. C., 741; Poindexter v. R. R., 201 N. C., 833, 160 S. E., 767.

No error.

Reference

Full Case Name
STATE v. JOE GARNER, HERBERT GARNER, Et Al.
Cited By
17 cases
Status
Published