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80 N.C. App. 556

State v. McCabe

Court of Appeals of North Carolina · decided 1986-05-06

Cited by 2 later decisions — most recently November 2000

2 state decisions

Relies on State v. Shook

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-06

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ARNOLD, Judge.

¶1Defendant contends that the trial court erred in compelling defendant to proceed to trial on the same day he was arraigned on a superseding indictment because such action by the court violated G.S. 15A-943. We agree, and therefore grant defendant a new trial.

¶2General Statute 15A-943 provides in pertinent part:

(a) In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal cases are heard, . . . the prosecutor must calendar arraignments in the superior court on at least the first day of every other week in which criminal cases are heard. No cases in which the presence of a jury is required may be calendared for the day or portion of a day during which arraignments are calendared.
(b) When a defendant pleads not guilty at an arraignment required by subsection (a), he may not be tried without his consent in the week in which he is arraigned.

¶3We take judicial notice that Beaufort County is a county having twenty or more regularly scheduled weeks of trial sessions of superior court at which criminal cases are heard. See State v. Shook, 293 N.C. 315, 237 S.E. 2d 843 (1977). General Statute *55815A-943 is therefore applicable to defendant in this case. From the record presented, it appears that the superseding indictment was never calendared for arraignment in violation of G.S. 15A-943(a). Furthermore, the trial court violated the provisions of G.S. 15A-943(b) by proceeding with defendant’s trial over his objection on the same day as his arraignment on the superseding indictment. These violations of G.S. 15A-943 constitute reversible error and necessitate a new trial. State v. Shook, 293 N.C. 315, 237 S.E. 2d 843 (1977).

¶4New trial.

Judges Phillips and Eagles concur.
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