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STATE v. JOYNER

No. 3.

243 S.E.2d 367 (1978)

STATE of North Carolina v. Sylvester JOYNER.

Supreme Court of North Carolina.

May 8, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

David T. Greer, Greenville, for defendant appellant.

MOORE, Justice.

By his first assignment of error defendant alleges that the trial court committed error in failing to grant defendant's motion under G.S. 15A-954(a)(4) to dismiss the charges against the defendant. G.S. 15A-954(a) provides:

"The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: * * * * * * "(4) The defendant's constitutional rights have been flagrantly violated...

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