State v. Parker

VAUGHN, Judge.

Defendant first contends that the denial of his motion for continuance was error. It is well settled that the granting or *167denial of a motion for continuance rests in the discretion of the presiding judge and his decision will not be disturbed on appeal unless the defendant shows abuse of discretion or shows that he did not get a fair trial. State v. Blackmon, 280 N.C. 42, 185 S.E. 2d 123; State v. Fidler, 13 N.C. App. 626, 186 S.E. 2d 656. The presumption is in favor of the regularity of the trial below and the burden rests upon the defendant to show error which was prejudicial…