State v. Thompson

HILL, Judge.

Defendant first argues that the trial judge erred in denying his motion for continuance because of the unavailability of an alibi witness. As a general rule, the grant or denial of a motion for continuance is in the sound discretion of the trial judge. Nevertheless, since defendant contends that the court’s action prohibited the exercise of his right to confront his accusers and witnesses as guaranteed by the Federal and State Constitutions, the question presented is one of law and thus is reviewable on appeal. See State v. Smathers, 287 N.C. 226, 214 S.E. 2d 112 (1975).

The…