STATE v. PRESTON

No. 7010SC251.

175 S.E.2d 705 (1970)

STATE of North Carolina v. Calvin Leroy PRESTON and James Louis Mitchell.

Court of Appeals of North Carolina.

Certiorari Denied August 28, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Edward L. Eatman, Jr., Raleigh, for the State.

Liles & Merriman, by William W. Merriman, III, Raleigh, for defendant-appellant Mitchell.

McDaniel & Fogel, by L. Bruce McDaniel, Raleigh, for defendant-appellant Preston.


PARKER, Judge.

Appellants first assign as error the trial court's refusal to grant their motion to dismiss which was filed prior to the fifth trial. While this motion as presented to the trial court appears to have been based in part upon the contention that defendants were being denied their Sixth Amendment right to a speedy trial, on this appeal appellants have abandoned that position and have based their argument entirely upon the contention that their motion to...

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