State v. Scott, 7021SC172
Decision Date | 27 May 1970 |
Docket Number | No. 7021SC172,7021SC172 |
Citation | 8 N.C.App. 281,174 S.E.2d 80 |
Court | North Carolina Court of Appeals |
Parties | STATE of North Carolina v. James Davis SCOTT, alias Raymond Eddie Hairston. |
Atty. Gen. Robert Morgan and Staff Attorney Thomas B. Wood, Raleigh, for the State.
Deal, Hutchins & Minor, by Richard Tyndall, Winston-Salem, for defendant appellant.
Defendant first assigns as error the court's refusal to allow court-appointed counsel to withdraw from the case. When the case was called for trial, Attorney Tyndall stated to the court, 'Prior to pleading to the bill of indictment, I think the defendant has some comments he would like to make to the court.' The jury was excused from the courtroom and an extended inquiry by the court followed. Defendant stated that he wanted another attorney, that he was not satisfied with Mr. Tyndall, that 'I don't think he's working right on my case.' The inquiry revealed that sixteen cases were pending against the defendant and his chief complaint against his attorney was that he had not arranged for reasonable bond to be set; the required bond at time of trial was $14,000. Attorney Tyndall moved for and insisted on an order allowing him to withdraw but the trial judge denied the motion, stating his doubt that defendant would be satisfied with any lawyer that the court might appoint.
In State v. Moore, 6 N.C.App. 596, 170 S.E.2d 568 (1969), this Court, in an opinion by Graham, J., said:
* * *'
There is nothing in the record to indicate that Attorney Tyndall failed to provide defendant with proper representation. In fact, the record suggests that defendant had fared quite well because of the high quality of Mr. Tyndall's representation. The assignment of error is overruled.
Defendant's next assignment of error is to the refusal of the court to continue the case until defendant's witnesses could be found. It is well settled that a motion for a continuance is ordinarily addressed to the discretion of the trial court, and its ruling thereon is not subject to review absent abuse of discretion. 2 Strong, N.C....
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