STATE v. HARRELL

No. 713SC688.

184 S.E.2d 918 (1971)

STATE of North Carolina v. Kennie HARRELL.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Attys. Christine A. Witcover and William Lewis Sauls, Raleigh, for the State.

John H. Harmon, New Bern, for defendant appellant.


VAUGHN, Judge.

Defendant, through his court-appointed counsel, brings forward two assignments of error. He first contends that the court erred in not dismissing the action for lack of a speedy trial. "The burden is on the accused who asserts the denial of his right to a speedy trial to show that the delay was due to the neglect or wilfulness of the State's prosecution. The right to a speedy trial is not violated by unavoidable delays nor by delays caused or requested...

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