STATE v. BURGESS

No. 7620SC774.

234 S.E.2d 40 (1977)

33 N.C. App. 76

STATE of North Carolina v. Levi BURGESS.

Court of Appeals of North Carolina.

April 20, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Elisha H. Bunting, Jr., Raleigh, for the State.

David A. Chambers, Chambers & Singletary, Albemarle, for defendant-appellant.


CLARK, Judge.

Defendant brings forward one assignment of error, the failure of the trial court to dismiss the charge on the ground that procedural statutes, G.S. 15A-511 and G.S. 15A-601, had not been followed and "to condone non-compliance would result in an injustice."

G.S. 15A-511(a) requires a law-enforcement officer making an arrest to take the arrested person "without unnecessary delay before a magistrate." The former statute, G.S. 15-46, required that...

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