MATTER OF UNDERWOOD

No. 7712DC1022.

247 S.E.2d 778 (1978)

38 N.C. App. 344

In the Matter of Eugene UNDERWOOD.

Court of Appeals of North Carolina.

October 17, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Christopher S. Crosby, Associate Atty., Raleigh, for petitioner-appellee.

Tye Hunter, Asst. Public Defender, Fayetteville, for respondent-appellant.


PARKER, Judge.

Respondent's attorney moved in the District Court to dismiss the petition because the hearing was not held within ten days of the day respondent was taken into custody as required by G.S. 122-58.7(a). The denial of this motion is the subject of respondent's first assignment of error. We find no merit in this assignment of error.

An involuntary commitment proceeding under Art. 5A of G.S., Chap. 122, is a proceeding of a civil nature which is...

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