Public-domain · open source
OpenJurist

203 N.C. 361

166 S.E 180

State v. . Garner

Supreme Court of North Carolina

Decided October 19, 1932

Supreme Court of North Carolina · decided 1932-10-19

Key passage — most relied on by later courts

“accusers and witnesses with other testimony.”

quoted by 1 later decision, including 92 N.C. App. 282 - State v. Hamad

Good law ✅— No negative treatment on recordhow we know

Decided 1932-10-19

How this case has been cited

Cited by 7 later decisions — most recently December 1988

5 state decisions

20193219401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Stacy, C. J.

¶1 The only exception, which needs to be specifically noticed, is the one addressed to the refusal of the court to grant the defendants’ motion for a continuance. While, ordinarily, this is a matter resting in the sound discretion of the trial court, nevertheless, it should be remembered that defendants have a constitutional right of confrontation, which cannot lawfully be taken from them, and this includes the right of a fair opportunity to face “the accusers and witnesses with other testimony.” Section 11, Bill of Eights; S. v. Lea, ante, 13; S. v. Ross, 193 N. C., 25, 136 S. E., 193. But the record is barren of any *362 affidavits, or evidence tending to show a denial of this right. S. v. Rhodes, 202 N. C., 101, 161 S. E., 722; S. v. Sauls, 190 N. C., 810, 130 S. E., 848; S. v. Riley, 188 N. C., 72, 123 S. E., 303. In the absence of a clear showing, the exception must be overruled. The burden is on appellants to show error, and they must make it appear clearly, as the presumption is against them. Baker v. Clayton, 202 N. C., 741; Poindexter v. R. R., 201 N. C., 833, 160 S. E., 767.

¶2 No error.

/203/nc/361 · .json · Public domain