State v. Walden

CLARK, Judge.

The State first proceeded against defendant by warrant dated 12 December 1979. That warrant charged defendant with misdemeanor child abuse on 8 December 1979. The charge was dismissed on 25 April 1980. A second warrant for defendant’s ar*198rest was issued on 3 April 1980. It was pursuant to this second warrant that defendant was indicted for the 9 December 1979 assault upon her son. The case came on for trial on 25 August 1980. Defendant moved to dismiss the case under G.S. 15A-701(al) which requires that defendant go to trial within 120 days of her arrest, criminal summons, waiver…