STATE v. HARGETT

No. 73.

121 S.E.2d 589 (1961)

255 N.C. 412

STATE v. Samuel HARGETT.

Supreme Court of North Carolina.

September 27, 1961.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. G. A. Jones, Jr., for the State.

Kennedy W. Ward, New Bern, for defendant.


MOORE, Justice.

Before pleading to the bill of indictment, defendant filed a motion alleging that he was arrested and placed in jail on 3 January 1961, no warrant was ever issued, no preliminary hearing was held, and he was thereby denied due process of law. He requested that all proceedings be stayed and abated until a preliminary hearing or coroner's inquest was had. The motion was overruled.

The bill of indictment was returned by the grand jury at the January...

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