State v. Lee

MARTIN, Judge.

The defendant first assigns as error the trial court’s failure to grant defendant’s. motion for a change of venue. Such a motion is addressed to the sound discretion of the trial judge and his decision in the exercise of this discretion is not reviewable unless gross abuse is shown. State v. Mitchell, 283 N.C. 462, 196 S.E. 2d 736 (1973); State v. Allen, 222 N.C. 145, 22 S.E. 2d 233 (1942). In order for the defendant to prevail on this assignment of error, he must show an abuse of discretion. State v. Mitchell, supra; State v. Blackmon, 280 N.C. 42, 185 S.E. 2d 123 (1971). No…