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STATE v. BUTCHER

No. 766SC530.

230 S.E.2d 191 (1976)

31 N.C. App. 572

STATE of North Carolina v. Lawrence C. BUTCHER.

Court of Appeals of North Carolina.

December 1, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Robert P. Gruber, Raleigh, for the State.

Cherry, Cherry & Flythe by Charles M. Slade, Jr., Rich Square, for defendant.

MARTIN, Judge.

The defendant contends that the trial court committed error in denying his motion for a continuance on the ground of the absence of a subpoenaed witness. The defendant asserts that in so doing the trial court abused its discretion and denied his constitutional rights to confrontation and to compulsory process.

The trial record reveals that the defendant's witness, Timothy Butcher, did not appear at trial to testify. However, what he

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