State v. . Gibson

Ervin. J.

The sole basis for the demand of the prisoner for a new trial is that the court erred to his prejudice in refusing a continuance of the case.

While the circumstances lend some color to the argument that trial w-as had in the court below with regrettable dispatch, we must perform our function as an appellate court with due regard for the fundamental and indispensable rule that the record must not only show error, but also that the appellant was prejudiced thereby. S. v. Phillips, 227 N. C. 277, 41 S. E. (2) 766; S. v. Cogdale, 227 N. C. 59, 40 S. E. (2) 467; S. v. Perry, 226 N. C. 530,…