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STATE v. EDWARDS

No. 809SC526.

271 S.E.2d 533 (1980)

49 N.C. App. 426

STATE of North Carolina v. Steven EDWARDS.

Court of Appeals of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for the State.

Harvey D. Jackson, Henderson, for defendant-appellant.

WHICHARD, Judge.

G.S. 15A-703 imposes on a defendant charged with a criminal offense the burden of proof in supporting a motion to dismiss for failure to comply with the time limits for trial specified by G.S. 15A-701. It gives the State, however, "the burden of going forward with evidence in connection with excluding periods from computation of time in determining whether or not the time limitations ... have been complied with." G.S. 15A-703.

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