State v. Bryant

72 S.E.2d 750 (1952)

236 N.C. 379

STATE v. BRYANT.

No. 362.

Supreme Court of North Carolina.

October 29, 1952.

*751 David J. Turlington, Jr., Clinton, for defendant-appellant. Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton, for the State.

WINBORNE, Justice.

Appeal to the Supreme Court does not lie from a discretionary determination of an application for a new trial on the ground of newly discovered evidence. See State v. Suddreth, 230 N.C. 754, 55 S.E.2d 690; also State v. Thomas, 227 N.C. 71, 40 S.E.2d 412; State v. Rodgers, 217 N.C. 622, 8 S.E.2d 927; State v. Lea, 203 N.C. 316, at page 322, 166 S.E. 292, and cases there cited. Also State v. Grass, 223 N.C. 859, 27 S.E.2d 443; State v. Parker, 235 N.C. 302, 69 S.E.2d 542.

Hence under the authority of these cases the appeal in the present case is

Dismissed.