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STATE v. FREEMAN

No. 8226SC90.

295 S.E.2d 619 (1982)

STATE of North Carolina v. Donald Abernathy FREEMAN.

Court of Appeals of North Carolina.

October 5, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Steven F. Bryant, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Malcolm R. Hunter, Jr., Raleigh, for defendant-appellant.

WEBB, Judge.

The defendant first assigns error to the overruling of his motion to dismiss for the State's failure to comply with the Speedy Trial Act. We believe this assignment of error has merit. G.S. 15A-701(a1) provides in part:

"Notwithstanding the provisions of subsection (a) the trial of a defendant charged with a criminal offense who is arrested, served with criminal process, waives an indictment or is indicted, on or after October 1,1978, and before...

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