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STATE v. SUTTON

No. 778SC417.

238 S.E.2d 305 (1977)

34 N.C. App. 371

STATE of North Carolina v. William Earl SUTTON.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Patricia B. Hodulik, Raleigh, for the State.

Gerrans & Spence, by William D. Spence, Kinston, for defendant appellant.

VAUGHN, Judge.

Defendant moved to quash the indictments and dismiss the cases because the case was not ". . . placed upon docket for trial at the first ensuing criminal session of the court after the receipt . ." of certification of an order from the appellate division ordering a new trial, as required by G.S. 15-186. The opinion of the court ordering a new trial was certified to the Superior Court on 4 January 1977. In 1977, there were criminal sessions of Superior...

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