State v. Shelton

CAMPBELL, Judge.

Defendant contends that the trial court erred in denying his motion for new trial on the basis of newly discovered evidence. Appeal does not lie from a refusal to grant a new trial for newly discovered evidence. State v. Gordon, 15 N.C. App. 241, 189 S.E. 2d 550 (1972). We have, however, treated defendant’s appeal as a petition for certiorari, which is allowed.

G.S. 15-174 reads as follows:

“The courts may grant new trials in criminal, cases when the defendant is found guilty, under the sanie rules and regulations as in civil cases.”

G;S. 1A-1, Rule 59(a), in pertinent part reads: