State v. Burgess

CLARK, Judge.

Defendant brings forward one assignment of error, the failure of the trial court to dismiss the charge on the ground that procedural statutes, G.S. 15A-511 and G.S. 15A-601, had not been followed and “to condone non-compliance would result in an injustice.”

G.S. 15A-511(a) requires a law-enforcement officer making an arrest to take the arrested person “without unnecessary delay before a magistrate.” The former statute, G.S. 15-46, required that the person arrested be “immediately” taken before a magistrate. The State Supreme Court has held that G.S. 15-46 did not prescribe…