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STATE v. SIMPSON

No. 8226SC348.

299 S.E.2d 257 (1983)

STATE of North Carolina v. Michael Anthony SIMPSON.

Court of Appeals of North Carolina.

January 18, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Evelyn M. Coman, Raleigh, for the State.

Dozier, Millard, Pollard & Murphy by W. Joseph Dozier, Jr., Charlotte, for defendant-appellee.

WEBB, Judge.

The State contends it was error to dismiss this case under G.S. 15A-701(a1) which 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 October 1, 1983, shall begin within the time limits specified below: * * * * * * (3) When a charge...

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