MOORE, Justice.
By his first assignment of error defendant contends that his statutory and constitutional rights to a speedy trial were violated.
Defendant was first tried and convicted before Chess, J., and a jury, at the 12 March 1973 Special Criminal Session of Union Superior Court, and from sentence imposed appealed to the Court of Appeals. That court, in an opinion certified 24 September 1973, awarded defendant a new trial.
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