State v. . Garner
This text of 166 S.E. 180 (State v. . Garner) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
No error.
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Cite This Page — Counsel Stack
166 S.E. 180, 203 N.C. 361, 1932 N.C. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garner-nc-1932.