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STATE v. KILGORE

No. 8321SC201.

308 S.E.2d 876 (1983)

STATE of North Carolina v. Wilford W. KILGORE.

Court of Appeals of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Frye, Booth, Porter, & Van Zandt by John P. Van Zandt, III, Winston-Salem, for defendant-appellant.

HILL, Judge.

Defendant first contends the trial judge erred in denying his motion to dismiss based on the denial of his constitutional right to a speedy trial. We do not agree.

The North Carolina Supreme Court in State v. Neas, 278 N.C. 506, 510-11, 180 S.E.2d 12, 15 (1971), stated that "[t]he probability of a delay is inherent in every criminal action, and the constitutional guarantee...

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