ROBERT M. MARTIN, Judge.
Defendant by his first assignment of error contends that he was not tried within the period provided in G.S. 15A-701(a1)(1) in that he had been indicted more than 120 days prior to the trial.
The procedural events upon which defendant grounds his argument are as follows: Defendant was originally indicted on 22 August 1977 for obtaining property by false pretense. These charges were dismissed with leave by the State on 29 June 1978...
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