STATE v. HOLMES

No. 8212SC12.

296 S.E.2d 1 (1982)

STATE of North Carolina v. James HOLMES.

Court of Appeals of North Carolina.

October 5, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Elisha H. Bunting, Jr., Raleigh, for the State.

Appellate Defender Adam Stein, Raleigh, for defendant-appellee.


HILL, Judge.

The defendant allegedly sold hydromorphone to Undercover Agent Jimmy Maynor on 6 August 1980. The State had evidence sufficient to charge defendant on 20 August 1980. The indictment was not issued, however, until 11 May 1981. Without making written findings of fact, the trial judge granted defendant's pretrial motion to dismiss for pre-indictment delay on 11 August 1981.

The sole question for decision is whether there was sufficient evidence of...

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