State v. McLawhorn

VAUGHN, Judge.

Defendant first assigns as error the trial court’s denial of his motion for dismissal under the Speedy Trial Act. G.S. 15A-701 to -704. He was arrested 19 August 1978 and tried in district court on 5 September 1978, at which time notice of appeal to superior court was given. In enacting the Speedy Trial Act, the Legislature expressly provided “This act shall apply to any person who is arrested ... on or after October 1, 1978.” 1977 N.C. Sess. Laws c. 787, s. 2. Defendant was arrested before this effective date. The Act’s provisions, therefore, do not apply.

Defendant’s second and…