State v. Ipock, 290
| Decision Date | 13 April 1955 |
| Docket Number | No. 290,290 |
| Citation | 86 S.E.2d 798,242 N.C. 119 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Nolan M. IPOCK. |
Charles L. Abernethy, Jr., New Bern, for defendant-appellant.
Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.
The defendant's assignment of error No. 1A is to the refusal of the court to continue the case on the ground of defendnat's illness. The only evidence presented on the motion to continue was the certificate of Dr. Duffy who advised 'home care,' but does not say the defendant is unable to stand trial or that a trial would endanger his health. Granting or denying a motion for continuance rests in the sound discretion of the presiding judge and his decision will not be disturbed on appeal, except for abuse of discretion or a showing the defendant has been deprived of a fair trial. State v. Birchfield, 235 N.C. 410, 70 S.E.2d 5; State v. Hackney, 240 N.C. 230, 81 S.E.2d 778; State v. Culberson, 228 N.C. 615, 46 S.E.2d 647; State v. Gibson, 229 N.C. 497, 50 S.E.2d 520. No abuse of discretion is shown.
Assignments of error Nos. 15, 24 and 25 relate to the refusal of the court to grant the motions for nonsuit, to set aside the verdict, and to arrest the judgment. The evidence made out a case for the jury and no defect appears upon the face of the record. The assignments are without merit.
During the course of the trial the defendant sought to introduce evidence as to his physical condition the day before and on the day of the trial. Upon objection, the evidence was excluded. The defendant sought to argue to the jury that the defendant's illness accounted for his inability to go upon the stand and testify in his own defense. The court interrupted counsel and cautioned the jury not to consider the argument. The testimony as to defendant's physical condition at the trial in September, 1954, could have no bearing on the issue before the jury as to whether the defendant operated a truck upon the public highway on 2 February 1953, while he was under the influence of liquor. The evidence was properly excluded and the instruction to the jury not to consider the argument was warranted. State v. Kiziah, 217 N.C. 399, 8 S.E.2d 474; State v. Page, 215 N.C. 333, 1 S.E.2d 887.
The court's charge as to what constitutes reasonable doubt is in accord with the decision of this Court in State v. Hammonds, 241 N.C. 226, 85 S.E.2d 133, and cases there cited. Assignments of error Nos. 18, 19 and 23...
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...on his exception to the refusal of the court to grant him a continuance to a subsequent term. In the recent case of State v. Ipock, 242 N.C. 119, 86 S.E.2d 798, 800, Higgins, J., in speaking for the Court, said: 'Granting or denying a motion for continuance rests in the sound discretion of ......
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State v. Stroud, 508
...S.E.2d 917; State v. Vann, 162 N.C. 534, 77 S.E. 295. The motions for continuance and for severance were properly denied. State v. Ipock, 242 N.C. 119, 86 S.E.2d 798; State v. Spencer, 239 N.C. 604, 80 S.E.2d The evidence introduced at the trial disclosed an understanding between Mrs. Ammon......
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State v. Smith
...the defendant and refused a continuance after sufficient opportunity for reflection." Id. at 103, 161 S.E. at 723. In State v. Ipock, 242 N.C. 119, 86 S.E.2d 798 (1955), the defendant moved for a continuance on the ground that he was physically unable to attend court. In support of the moti......
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State v. Bacon
...on appeal, except for abuse of discretion or a showing the defendant has been deprived of a fair trial." State v. Ipock, 242 N.C. 119, 120-21, 86 S.E.2d 798, 800 (1955). Defendant fails to demonstrate even one occasion where he was unable to comprehend the proceedings or to communicate his ......