State v. Withers

Defendant’s principal assignment of error is directed to the trial court’s action in denying his motion for a continuance. “Granting or denying a motion for continuance rests in the sound discretion of the presiding judge and his decision will' not be disturbed on appeal, except for abuse of discretion or a showing the defendant has been deprived of a fair trial.” State v. Ipock, 242 N.C. 119, 86 S.E. 2d 798; State v. Birchfield, 235 N.C. 410, 70 S.E. 2d 5. Defendant’s motion for continuance was on the grounds that the solicitor’s action in arraigning him in the presence of the prospective…