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190 N.C. 848

129 S.E 145

State v. . Flood

Supreme Court of North Carolina

Decided September 16, 1925

Supreme Court of North Carolina · decided 1925-09-16

Decided 1925-09-16

Pee Cueiam.

¶1 The defendant in apt time moved to set aside the verdict on the ground of newly discovered evidence. His Honor heard oral testimony not available to the defendant at the trial and in his discretion denied the motion. In this, we find no error. The motion, of course, cannot be entertained in this Court. S. v. Jenkins, 182 N. C., 818. The demurrer to the evidence and the motion to vacate the verdict on the ground that the State’s evidence was insufficient were properly overruled. There are no other assignments of error.

¶2 No error.

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