STATE v. ROSE

No. 8010SC1014.

281 S.E.2d 404 (1981)

STATE of North Carolina v. Don C. ROSE.

Court of Appeals of North Carolina.

September 1, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Sandra M. King, Raleigh, for State.

Jerry W. Leonard, Raleigh, for defendant-appellant.


WHICHARD, Judge.

Defendant first contends that his trial was not commenced within 120 days of his arrival in North Carolina from Oregon, and that the Interstate Agreement on Detainers (G.S. § 15A-761 et seq.) thus required dismissal of the charge. He relies on the following provision: "In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state ...." G.S. 15A...

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