State v. Ward

HEDRICK, Judge.

The one question presented on this appeal is whether the trial court erred in concluding it had no discretion to dismiss the proceeding against respondent because of the district attorney’s failure to bring the proceeding “forthwith.”

G.S. 20-223 provides:

“District attorney to initiate court proceeding; petition. —The district attorney, upon receiving the aforesaid abstract from the Commissioner, shall forthwith file a petition against the person named therein in the superior court division of the county wherein such person resides . . . The petition shall request the court to…