State v. Cobb

BRITT, Judge.

In his first assignment of error, defendant contends that the court erred in denying his motion to transfer, vacate or continue the case because of undue publicity in a local newspaper concerning defendant and the case before trial. Defendant argues that the news coverage precluded him from receiving a fair and impartial trial. We find no merit in defendant’s contention.

Motions for a change of venue and for a continuance are addressed to the court’s discretion, G.S. 1-84, and the burden is on defendant to show abuse of discretion or prejudice. State v. Cox and State v. Ward and…