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STATE v. McCABE

No. 852SC1077.

342 S.E.2d 580 (1986)

STATE of North Carolina v. Bobby Gene McCABE.

Court of Appeals of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. R. Bryant Wall, Raleigh, for the State.

Acting Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Geoffrey C. Mangum, Raleigh, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the trial court erred in compelling defendant to proceed to trial on the same day he was arraigned on a superceding indictment because such action by the court violated G.S. 15A-943. We agree, and therefore grant defendant a new trial.

General Statute 15A-943 provides in pertinent part:

(a) In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal...

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