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STATE v. PARNELL

No. 8127SC123.

281 S.E.2d 732 (1981)

STATE of North Carolina v. Larry Michael PARNELL.

Court of Appeals of North Carolina.

September 15, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert R. Reilly, Raleigh, for the State.

Robert C. Powell, Lincolnton, for defendant-appellant.

ARNOLD, Judge.

Since 11 November was more than 120 days after 16 June, the burden is upon the State to establish periods of exclusion from the computation of the 120-day period set out in G.S. 15A-701. See G.S. 15A-703. The only period significant to this appeal is the 46-day continuance ordered on 4 September 1980. If this period was properly excluded, then the defendant was tried within the 120-day period. If not...

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