State v. Sutton

VAUGHN, Judge.

Defendant moved to quash the indictments and dismiss the cases because the case was not “. . . placed upon the docket for trial at the first ensuing criminal session of the court after the receipt . . .” of certification of an order from the appellate division ordering a new trial, as required by G.S. 15-186. The opinion of the court ordering a new trial was certified to the Superior Court on 4 January 1977. In 1977, there were criminal sessions of Superior Court in Lenoir County on 10 January, 31 January, 7 February and 28 February. The case was not placed on the docket for…