State v. Suddreth

Oct 19, 1949

*755 Per CuriaM.

Appeal to this Court does not lie from a discretionary determination of an application for a new trial on tbe ground of newly discovered evidence. See S. v. Thomas, 227 N.C. 71, 40 S.E. 2d 412; S. v. Rodgers, 217 N.C. 622, 8 S.E. 2d 927; S. v. Lea, 203 N.C. 316, 166 S.E. 292, and cases cited therein. See also S. v. Grass, 223 N.C. 859, 27 S.E. 2d 443.

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

Dismissed.