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N.C.App.1 COURT OF APPEALS 155
State v. Henderson
--
order for defendants to obtain certain evidence and present it
at the trial. This assignment has no merit. The record reveals
that the court delayed the proceedings for some forty minutes
but then insisted that the trial proceed. A motion for contin-uance
or delay of a trial is directed to the discretion of the
trial court and its ruling thereon is not reviewable on appeal
except for abuse of discretion. State v. Shue, 16 N.C. App. 696,
193 S.E. 2d 481 (1972). No abuse of discretion is made to appear
here.
Defendants received a fair trial, free from prejudicial error.
No error.
Judges PARKER and VAUGHN concur.
STATE OF NORTH CAROLINA v. J. R. HENDERSON
No. 7416SC179
(Filed 20 March 1974)
ON c e r t iora~it o review the order of McLelland, Judge, a t
the March 1973 Criminal Session of ROBESON Superior Court.
Heard in the Court of Appeals 12 March 1974.
The defendant was indicted for common law robbery. The
State's evidence tended to show that on the morning of 30 De-cember
1972, at about 6:30 o'clock a.m., the defendant, J. R.
Henderson, struck Leonard Carter, the operator of the Direct
Service Station at East Second and Grace Streets in Lumberton,
North Carolina, on the head from behind with an Ajax can. The
defendant struck Carter in the face several times with his fists.
The defendant removed a roll of money from Carter's pocket
which Carter had from the operation of the service station; but,
in the ensuing struggle, the money was knocked to the floor.
Both men grabbed at the money on the floor, and the defendant
made off with a handful of bills which Carter estimated to be
thirteen dollars. From a verdict of guilty as charged and a
sentence of not more than five nor less than eight years in the
State Prison, the defendant, in open court, appealed.
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 31.9 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 183 |
| Full Text | N.C.App.1 COURT OF APPEALS 155 State v. Henderson -- order for defendants to obtain certain evidence and present it at the trial. This assignment has no merit. The record reveals that the court delayed the proceedings for some forty minutes but then insisted that the trial proceed. A motion for contin-uance or delay of a trial is directed to the discretion of the trial court and its ruling thereon is not reviewable on appeal except for abuse of discretion. State v. Shue, 16 N.C. App. 696, 193 S.E. 2d 481 (1972). No abuse of discretion is made to appear here. Defendants received a fair trial, free from prejudicial error. No error. Judges PARKER and VAUGHN concur. STATE OF NORTH CAROLINA v. J. R. HENDERSON No. 7416SC179 (Filed 20 March 1974) ON c e r t iora~it o review the order of McLelland, Judge, a t the March 1973 Criminal Session of ROBESON Superior Court. Heard in the Court of Appeals 12 March 1974. The defendant was indicted for common law robbery. The State's evidence tended to show that on the morning of 30 De-cember 1972, at about 6:30 o'clock a.m., the defendant, J. R. Henderson, struck Leonard Carter, the operator of the Direct Service Station at East Second and Grace Streets in Lumberton, North Carolina, on the head from behind with an Ajax can. The defendant struck Carter in the face several times with his fists. The defendant removed a roll of money from Carter's pocket which Carter had from the operation of the service station; but, in the ensuing struggle, the money was knocked to the floor. Both men grabbed at the money on the floor, and the defendant made off with a handful of bills which Carter estimated to be thirteen dollars. From a verdict of guilty as charged and a sentence of not more than five nor less than eight years in the State Prison, the defendant, in open court, appealed. |
