State v. Gordon
STATE OF NORTH CAROLINA v. ROBERT RAY GORDON
Opinion of the Court
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VAUGHN, Judge.
Defendant contends that the trial court erred in refusing to grant his petition for a new trial on the basis of newly discovered evidence. Appeal does not lie from a refusal to grant a new trial for newly discovered evidence. State v. Thomas, 227 N.C. 71 , 40 S.E. 2d 412 ; 3 Strong, N.C. Index 2d, Criminal Law, § 148. We have, however, treated defendant’s appeal as a petition for certiorari, which is allowed. The granting of a new trial based on newly discovered evidence rests within the sound discretion of the trial court, and its ruling thereon is not reviewable in the absence of a showing of abuse *242 of that discretion. State v. Williams, 244 N.C. 459 , 94 S.E. 2d 374 ; State v. Blalock, 13 N.C. App. 711 , 187 S.E. 2d 404 . After having carefully reviewed the record in the case, we find no abuse of discretion. The order denying defendant’s petition is affirmed.
Affirmed.
Judges Morris and Graham concur.
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