STATE v. O'KELLY

No. 7420SC177.

202 S.E.2d 482 (1974)

20 N.C. App. 661

STATE of North Carolina v. James Franklin O'KELLY, III.

Court of Appeals of North Carolina.

February 20, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Craighill, Randleman & Clarkson by L. Stanley Brown, Charlotte for defendant-appellant.


BRITT, Judge.

By his first assignment of error, defendant contends the trial court erred in denying his motion to dismiss on the ground that his constitutional right to speedy trial had been violated. On 6 June 1973, Judge Chess conducted an evidentiary hearing on defendant's motion at which time defendant presented evidence tending to show:

He was arrested on account of the charges involved here on or about 4 August 1972. At the time of the hearing, he was...

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