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STATE v. STANLEY

No. 7614SC301.

228 S.E.2d 486 (1976)

31 N.C. App. 109

STATE of North Carolina v. Clarence O'Dell STANLEY.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. William B. Ray and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

Norman E. Williams and Kenneth B. Oettinger, Durham, for respondent appellant.

ARNOLD, Judge.

Appellant argues that the solicitor's two year delay in filing the petition violated G.S. 20-223. That statute provides that

"[t]he District Attorney, upon receiving the aforesaid abstract from the Commissioner, shall forthwith file a petition against the person named therein in the superior court division of the county wherein such person resides . . . [emphasis added]."

Appellant argues that forthwith, as used in the statute...

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