STATE v. DIETZ

No. 35.

223 S.E.2d 357 (1976)

289 N.C. 488

STATE of North Carolina v. Phillip DIETZ.

Supreme Court of North Carolina.

April 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Associate Atty. Daniel C. Oakley, Raleigh, for the State, appellant.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for defendant-appellee.


MOORE, Justice.

We allowed the State's petition for discretionary review to consider the decision of the Court of Appeals in which that court (1) reversed the trial court and ordered a new trial because of the pre-indictment delay and (2) held that the trial court erroneously overruled defendant's objection to a question asked by the district attorney.

The State first contends that the trial court did not err in denying defendant's motion to dismiss the prosecution...

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