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STATE v. WARD

No. 8015SC128.

264 S.E.2d 737 (1980)

STATE of North Carolina v. David Junior WARD.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Thomas J. Ziko, Raleigh, for the State.

John D. Xanthos, Graham, for defendant.

HARRY C. MARTIN, Judge.

At the outset, we are faced with the question whether the state has a right of appeal from an order of the superior court dismissing a criminal case without prejudice upon a motion made by defendant under the Speedy Trial Act, N.C.G.S. 15A-701 to -704. This question was addressed by counsel at oral argument.

The Speedy Trial Act itself does not contain any provisions for appellate review. As a general rule the state cannot appeal

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