STATE v. SPENCER

No. 27.

187 S.E.2d 779 (1972)

281 N.C. 121

STATE of North Carolina v. James Mackel SPENCER.

Supreme Court of North Carolina.

April 12, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen., James E. Magner and Associate Atty. Gen. Thomas B. Wood, for the State.

Wilkinson, Vosburgh & Thompson by John A. Wilkinson, Washington, for defendant.


BRANCH, Justice.

Upon the call of his case for trial, and before pleading, defendant through counsel moved to quash the bills of indictment on the ground that his constitutional right to a speedy trial had been violated.

We note at the outset that the motion should have been to dismiss rather than to quash; however, the trial judge apparently treated the motion as a motion to dismiss and we therefore choose to consider the question of speedy trial.

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