STATE v. MOREHEAD

No. 7929SC970.

264 S.E.2d 400 (1980)

46 N.C. App. 39

STATE of North Carolina v. Cecil Clarion MOREHEAD

Court of Appeals of North Carolina.

April 1, 1980.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten, by Asst. Atty. Gen., Norma S. Harrell, Raleigh, for the State.

Hamrick, Bowen, Nanney & Dalton by Walter H. Dalton, Rutherfordton, for defendant.


HARRY C. MARTIN, Judge.

We are met with the threshold question whether the state can appeal from an order dismissing a case without prejudice for violation of the Speedy Trial Act, N.C.G.S. 15A-701 to -704. As counsel did not have the opportunity to argue or brief this interesting question, we elect, in our discretion, to treat the appeal as a petition for review by certiorari and allow the writ.

Defendant contends...

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