State v. Shue

HEDRICK, Judge.

Defendants assign as error the court’s denial of their motion to continue made on 22 May 1972.

Motions to continue are addressed to the sound discretion of the trial judge and his rulings thereon will not be upset on appeal absent a showing of such abuse of discretion as would deprive the defendants of a fair trial. State v. Gibson, 229 N.C. 497, 50 S.E. 2d 520 (1948) ; State v. Lewis, 7 N.C. App. 178, 171 S.E. 2d 793 (1970), cert. denied 276 N.C. 328 (1970). De fendants’ motion was not supported by affidavit. The record, however, does contain counsel’s statements when he made…