State v. Rigsbee

MORRIS, Judge.

Defendant assigns error to the denial of his motion for continuance based upon the unavailability of the witness Mary Helen Allen. This Court has held continually that such a motion may be granted or denied in the sound discretion of the trial court. State v. Willis, 20 N.C. App. 365, 201 S.E. 2d 588 (1974); State v. Howes, 19 N.C. App. 155, 198 S.E. 2d 86 (1973); State v. Fountain, 14 N.C. App. 82, 187 S.E. 2d 493 (1972). Counsel for defendant concedes that he was aware of the contents of the conversations between defendant and Mary Helen Allen at the time of his conference…