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STATE v. COLLINS

No. 7626SC4.

224 S.E.2d 647 (1976)

29 N.C. App. 478

STATE of North Carolina v. John COLLINS.

Court of Appeals of North Carolina.

May 19, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert P. Gruber, Raleigh, for the State.

Waggoner, Hasty & Kratt by John H. Hasty, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the trial court erred in extending the time of defendant's trial beyond the 120 days provided in G.S. 15A-761, Article IV(c). We cannot agree.

G.S. 15A-761, Article IV(c) provides: "In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present...

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