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STATE v. WOODWARD

No. 353PA86.

347 S.E.2d 435 (1986)

STATE of North Carolina v. John Davidson WOODWARD.

Supreme Court of North Carolina.

August 29, 1986.

Attorney(s) appearing for the Case

Bode, Call & Green by Howard S. Kohn, Raleigh, for defendant-appellant.

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., for the State appellee.

PER CURIAM.

In reversing the judgment of the superior court which affirmed the order of the district court judge dismissing the case against the defendant for failure of the State to prosecute, the Court of Appeals held that the district court judge abused his discretion.

The test of whether a trial court has abused its discretion has been stated as follows:

A ruling committed to the trial court's discretion...

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