State v. Miller

MITCHELL, Judge.

The defendant first assigns as error the trial court’s denial of his motion for a continuance. The defendant argues that the return of the indictment only seven days prior to trial did not leave him sufficient time to prepare his defense or to file a motion for discovery. Defendant argues that G.S. 7A-49.3(a) and G.S. 15A-630 were violated by the denial of his motion to continue.

G.S. 7A-49.3(a) provides in pertinent part: “At least one week before the beginning of any session of the superior court for the trial of criminal cases, the solicitor shall file with the clerk of…