State v. Turner

BRITT, Judge.

By his first assignment of error, defendant contends that Judge Baley erred in granting the State’s motion for continuance after Judge Ervin had ordered that the case be tried during the August session of court in Rutherford County or be dismissed by the State. The assignment has no merit.

Defendant made his original motion for a speedy trial under G.S. 15A-702 on 29 April 1976, some 31 days after the Court of Appeals had granted him a new trial. On 21 May 1976 Judge Ervin, in response to defendant’s motion, ordered that defendant be tried at the August Session of the court or…