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STATE v. WARD

No. 7614SC389.

228 S.E.2d 490 (1976)

31 N.C. App. 104

STATE of North Carolina v. Franklin Alphon WARD, III.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Norma S. Harrell, Raleigh, for the State.

Nye, Mitchell & Bugg by John E. Bugg, Durham, for respondent-appellant.

HEDRICK, Judge.

The one question presented on this appeal is whether the trial court erred in concluding it had no discretion to dismiss the proceeding against respondent because of the district attorney's failure to bring the proceeding "forthwith".

G.S. 20-223 provides:

"District attorney to initiate court proceeding; petition. — The district attorney, upon receiving the aforesaid abstract from the Commissioner, shall forthwith...

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