STATE v. KLOPFER

No. 829.

145 S.E.2d 909 (1966)

266 N.C. 349

STATE v. Peter KLOPFER.

Supreme Court of North Carolina.

January 14, 1966.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Andrew A. Vanore, Jr., Staff Atty., Raleigh, for the State.

Wade H. Penny, Jr., Durham, for defendant appellant.


HIGGINS, Justice.

The appellant challenged the right of the solicitor, even with the approval of the judge, to enter a nolle prosequi with leave in the criminal prosecution pending against him in the Superior Court. Stated another way, he insists his objection takes away from the solicitor and the court the power and authority to enter the order. The reason assigned is that the procedure denies him his constitutional right of a speedy trial.

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