State v. Hammock

HEDRICK, Judge.

Defendant contends Judge Canaday abused his discretion and erred as a matter of law in denying his motion for a new trial on the grounds of newly discovered evidence. Appeal does not lie from a refusal to grant a new trial for newly discovered evidence. State v. Shelton, 21 N.C. App. 662, 205 S.E. 2d 316 (1974) ; State v. Gordon, 15 N.C. App. 241, 189 S.E. 2d 550 (1972) ; State v. Thomas, 227 N.C. 71, 40 S.E. 2d 412 (1946) ; State v. Ferrell, 206 N.C. 738, 175 S.E. 91 (1934). We have, however, treated defendant’s appeal as a petition for writ of certiorari, which is allowed.

G.S.…