{
  "id": 8552039,
  "name": "STATE OF NORTH CAROLINA v. JAMES ALEXANDER WILLIAMS, JR.",
  "name_abbreviation": "State v. Williams",
  "decision_date": "1971-12-15",
  "docket_number": "No. 7121SC606",
  "first_page": "233",
  "last_page": "235",
  "citations": [
    {
      "type": "official",
      "cite": "13 N.C. App. 233"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3340,
    "ocr_confidence": 0.56,
    "sha256": "58c6fbefe3bf83ae13db50c26dfeb222f7cf025df5f55b99f0f6db982144f7dd",
    "simhash": "1:21f2203002b97861",
    "word_count": 562
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  "last_updated": "2023-07-14T21:18:15.024983+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Brock and Britt concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES ALEXANDER WILLIAMS, JR."
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nDefendant\u2019s first assignment of error is that the court erred in failing to grant his motion for a continuance and that this amounted to a denial of rights guaranteed him under the constitutions of the State of North Carolina and the United States. Defendant was arrested on one of the warrants on 13 April 1971, the date of the alleged crimes. The other warrant was served on 15 April 1971. Defendant\u2019s attorney was appointed to represent him on 15 April 1971. A preliminary hearing was conducted before District Court Judge Clifford on 29 April 1971. The Grand Jury indictment was returned on 10 May 1971. The case was called for trial on 13 May 1971. Prior to pleading to the indictments, defendant\u2019s counsel moved for continuance on the grounds that he was not ready for trial and that he had just learned the name of a witness, Jesse Fowler, whose testimony would be essential to the defendant. Defendant\u2019s motion was denied. Court recessed for the day prior to the presentation of all the State\u2019s evidence. Defendant\u2019s witness, Jesse Fowler, was located the night of the 13th and conferred with defendant\u2019s counsel prior to the opening of court on the 14th. Fowler testified for defendant. In the light of the foregoing, defendant\u2019s argument that it was prejudicial error to deny his motion for continuance is without merit.\nDefendant\u2019s only other assignment of error is that the court erred in failing to grant his motion to set aside the verdicts in that they were contrary to the greater weight of the evidence. At trial defendant did not move for dismissal or non-suit pursuant to G.S. 15-173. Whether the verdict should be set aside as contrary to the greater weight of the evidence is for determination by the trial judge in his discretion. No abuse of discretion has been shown. Even though at trial defendant failed to move pursuant to G.S. 15-173, on appeal we have reviewed the sufficiency of the State\u2019s evidence as authorized by G.S. 15-173.1 and find it ample for submission to the jury. In the trial we find no prejudicial error.\nNo error.\nJudges Brock and Britt concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Associate Attorney General Rafford E. Jones for the State.",
      "Robert H. Sapp for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES ALEXANDER WILLIAMS, JR.\nNo. 7121SC606\n(Filed 15 December 1971)\n1. Criminal Law \u00a7 91\u2014 denial of continuance \u2014 witness located during trial\nThe trial court did not err in the denial of defendant\u2019s motion for a continuance made on the ground that defense counsel had just learned the name of a witness whose testimony was essential to the defendant, where the witness was located during the trial and testified for defendant.\n2. Burglary and Unlawful Breakings \u00a7 5; Larceny \u00a7 7\u2014 refusal to set verdicts aside\nThe trial court did not abuse its discretion in the denial of defendant\u2019s motion to set aside as against the greater weight of the evidence verdicts of guilty of felonious breaking and entering and felonious larceny.\nAppeal by defendant from Kivett, Judge, 10 May 1971 Criminal Session of Superior Court held in Forsyth County.\n\u2022 Defendant was convicted on two charges of felonious breaking and entering and one charge of felonious larceny. Defendant gave notice of appeal and his court-appointed trial counsel was appointed to perfect his appeal to this Court.\nAttorney General Robert Morgan by Associate Attorney General Rafford E. Jones for the State.\nRobert H. Sapp for defendant appellant."
  },
  "file_name": "0233-01",
  "first_page_order": 257,
  "last_page_order": 259
}