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STATE v. BOLTINHOUSE

No. 8012SC523.

272 S.E.2d 148 (1980)

STATE of North Carolina v. Frank M. BOLTINHOUSE.

Court of Appeals of North Carolina.

December 2, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Ann Reed, Raleigh, for the State.

Downing, David, Vallery, Maxwell & Hudson by Edward J. David, Fayetteville, for defendant-appellant.

WHICHARD, Judge.

By his first assignment of error defendant contends the trial court erred in denying his motion to dismiss the indictment for the State's failure to afford him a speedy trial in accordance with G.S. 15A-701.

G.S. 15A-701(a1)(3) provides:

When a charge is dismissed, other than under G.S. 15A-703, or a finding of no probable cause pursuant to G.S. 15A-612, and the defendant is afterward charged with the same offense or an offense based...

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