State v. Shirley

PARKER, Judge.

Defendant assigns error to the denial of his motion for a continuance. A motion for continuance is ordinarily addressed to the sound discretion of the trial judge, whose ruling thereon is subject to review only for manifest abuse of discretion. State v. Moses, 272 N.C. 509, 158 S.E. 2d 617. In this case the motion was made on the day of trial upon the ground that a material witness was then unavailable. It appears that the witness was in custody of military authorities in Texas awaiting trial by court-martial on a charge of being absent without leave and, possibly, on a charge…