STATE v. SMITH

No. 6.

221 S.E.2d 247 (1976)

289 N.C. 143

STATE of North Carolina v. David Benjamin SMITH, alias David Benjamin McCullough and Bobby Orlando Foster.

Supreme Court of North Carolina.

January 29, 1976.


Attorney(s) appearing for the Case

Shelley Blum and Bart William Shuster, Charlotte, for defendant appellants.

Rufus L. Edmisten, Atty. Gen. and Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.


HUSKINS, Justice:

Defendant Smith moved to dismiss the murder charges against him on the ground that his constitutional right to a speedy trial had been denied. Denial of the motion constitutes his first assignment of error.

In support of his motion Smith filed an affidavit asserting that the trial delay was due to the efforts by the State to strengthen its case; that this delay prejudiced his defense in that his incarceration without privilege of bond made...

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