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264 N.C. 77

140 S.E.2d 767

State v. Morrow

Supreme Court of North Carolina

Decided March 17, 1965

Supreme Court of North Carolina · decided 1965-03-17

Relies on State v. Casey · State v. Williams · State v. Dixon

Good law ✅— No negative treatment on recordhow we know

Decided 1965-03-17

How this case has been cited

Cited by 16 later decisions — most recently October 1987

16 state decisions

80196519701980decided

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.

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PeR Cueiam.

¶1 The evidence offered by defendant in support of his motion was insufficient to establish the prerequisites for granting a new trial on the ground of newly discovered evidence stated by Stacy, C.J., in the oft-cited case of S. v. Casey, 201 N.C. 620, 161 S.E. 81. Moreover, a motion for a new trial on the ground of newly discovered evidence is addressed to the sound discretion of the trial court. S. v. Williams, 244 N.C. 459, 94 S.E. 2d 374; S. v. Dixon, 259 N.C. 249, 130 S.E. 2d 333. The findings of fact are amply supported by the evidence. As stated by Judge Martin, the testimony of Summers at the trial of defendant at said April 1964 Session “was merely accumulative and corroborative of the testimony of the witness Sara Lee Guión and Mr. Guión.” Judge Martin, in the exercise of his discretion, denied defendant’s said motion. No abuse of discretion is suggested and certainly none appears. We perceive no merit in defendant’s appeal. Hence, Judge Martin’s order will be and is affirmed.

¶2 Affirmed.

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