State v. Rice

VAUGHN, Judge.

This appeal raises as its sole assignment of error the issue whether the State has complied with the Speedy Trial Act. G.S. 15A, Art. 35. Defendant’s motion to dismiss on the ground that the State had failed to comply with the act was denied.

A warrant was issued on 13 June 1978 alleging defendant’s felonious escape from prison on 11 June 1978. Defendant was arrested on 14 November 1978 on the warrant for felonious escape which was served seven days later. Defendant filed a motion for speedy trial on 27 December 1978. A probable cause hearing was waived by defendant on 5 January…