State v. Hartman

WHICHARD, Judge.

In his first assignment of error defendant asserts that both his statutory right to a speedy trial under G.S. 15A-701 and his right to a speedy trial under the Sixth Amendment to the United States Constitution were violated. Defendant was indicted on 24 February 1979 and tried on 9 January 1980. He obtained two continuances during that time on the grounds that an essential witness was unavailable. In computing the elapsed time between indictment and trial, defendant’s counsel has excluded the time consumed by his continuances and has concluded that defendant was tried within…