State v. Farrell

Ordinarily, whether a cause shall be continued is a matter which rests in the sound discretion of the trial court and, in the absence of gross abuse, is not subject to review on appeal. S. v. Allen, 222 N. C., 145; S. v. Wellmon, 222 N. C., 215, and cases cited; S. v. Rhodes, 202 N. C., 101, 161 S. E., 122. This rule is so firmly established in this and other jurisdictions as to become axiomatic. It is not debated here.

But when the motion is based on a right guaranteed by the Federal and State Constitutions, 14th Amend., U. S. Const., Art. I, sections 11 and 17, N. 0. Const., the question…