STATE v. HERRING

No. 764SC951.

235 S.E.2d 88 (1977)

33 N.C. App. 382

STATE of North Carolina v. James HERRING.

Court of Appeals of North Carolina.

June 1, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Thomas H. Davis, Jr., Raleigh, for the State.

Gaylor, Edwards & Miller by Jimmy F. Gaylor, Jacksonville, for defendant-appellant.


VAUGHN, Judge.

Defendant brings forward four assignments of error. Our consideration of the first two will be made jointly. Defendant contends that the trial court erred when it denied defendant's motion to dismiss, which was grounded on prejudice suffered by him due to pre-indictment delay, without holding an evidentiary hearing on that motion. Additionally, he assigns as error the court's denial of this same motion to dismiss because his rights under the Fifth,...

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