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STATE v. McLAWHORN

No. 793SC481.

260 S.E.2d 138 (1979)

43 N.C. App. 695

STATE of North Carolina v. Claude O. McLAWHORN.

Court of Appeals of North Carolina.

Discretionary Review Denied January 8, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Roy Blackwell, Raleigh, for the State.

Dixon & Horne by Phillip R. Dixon, Greenville, for defendant-appellant.

Discretionary Review Denied by Supreme Court January 8, 1980.

VAUGHN, Judge.

Defendant first assigns as error the trial court's denial of his motion for dismissal under the Speedy Trial Act. G.S. 15A-701 to -704. He was arrested 19 August 1978 and tried in district court on 5 September 1978, at which time notice of appeal to superior court was given. In enacting the Speedy Trial Act, the Legislature expressly provided "This act shall apply to any person who...

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