State v. . Rodgers
This text of 8 S.E.2d 927 (State v. . Rodgers) 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 motion of the Attorney-General to dismiss the appeal for the reason that no appeal lies to this Court from a discretionary determination of an application for a new trial on the ground of newly discovered evidence must be allowed on authority of S. v. Ferrell, 206 N. C., 738, 175 S. E., 91, and Jarrett v. Ins. Co., 208 N. C., 343.
The case is not like Crane v. Carswell, 204 N. C., 571, 169 S. E., 160, where the “newly discovered evidence,” as this phrase is defined in the law, was insufficient to invoke a discretionary ruling in favor of the movant.
Appeal dismissed.
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Cite This Page — Counsel Stack
8 S.E.2d 927, 217 N.C. 622, 1940 N.C. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodgers-nc-1940.