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STATE v. SMITH

No. 8316SC547.

312 S.E.2d 222 (1984)

STATE of North Carolina v. Alton Gordon SMITH.

Court of Appeals of North Carolina.

February 21, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Lucien Capone, III, Asst. Atty. Gen., Raleigh, for the State.

Ann B. Peterson, Asst. Appellate Defender, Raleigh, for defendant-appellant.

VAUGHN, Chief Judge.

Defendant first contends that the trial court erred when it denied defendant's motion to dismiss under the Speedy Trial Act. G.S. 15A-701, et seq. We find no error.

G.S. 15A-701(al)1 provides that the trial of a criminal defendant shall begin within 120 days from the date defendant is arrested, served with criminal process, waives an indictment, or is indicted, whichever occurs last. The indictment in this case, returned on 22 February...

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