When any person who has been committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer in open court to be brought to his trial, shall not be indicted some time in the next term of the superior or criminal court ensuing such commitment, the judge of the court, upon notice in open court on the last day of the term, shall set at liberty such prisoner upon bail, unless it appear upon oath that the witnesses for the State could not be produced at the same term; and if such prisoner, upon his prayer as aforesaid, shall not be indicted and tried at the second term of the court, he shall be discharged from his imprisonment: Provided, the judge presiding may, in his discretion, refuse to discharge such person if the time between the first and second terms of the court be less than four months. (1868-9, c. 116, s. 33; Code, s. 1658; Rev., s. 3155; 1913, c. 2; C.S., s. 4521.)
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1963–2024 · leading case:
State v. Foster, 200 S.E.2d 782 (N.C. 1973).
State v. Foster, 200 S.E.2d 782 (N.C. 1973).
· cites it 5× “We note from defendant's brief that he has abandoned this assignment insofar as it pertains to the case before us but continues to assert the right to have seven other criminal cases pending against him dismissed under G.S. § 15-10. It suffices to say that defendant may not, in…”
State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017).
“§ 29-1201 (West, Westlaw current through legislation effective March 30, 2017); N.C. Gen. Stat. Ann. § 15-10 (West, Westlaw current 2016 Reg.”
State v. Lowry, 139 S.E.2d 870 (N.C. 1965).
· cites it 2× ““G.S. 15-10, entitled ‘Speedy trial or discharge on commitment for felony,’ requires simply that under certain circumstances ‘the prisoner be discharged from custody and not that he go quit of further prosecution.”
State v. Johnson, 167 S.E.2d 274 (N.C. 1969).
“The constitutional guarantee of a speedy trial, therefore, imposes the only limitation upon purposeful and oppressive delays between the date of a felonious offense and the commencement of the prosecution.”
Winder v. State, 640 So. 2d 893 (Miss. 1994).
“N.C. Gen. Stat. § 15-10 (1992). (26) Ohio: If the charge is a felony, the statute provides that trial shall commence within 270 days after arrest.”
State v. Johnson, 165 S.E.2d 27 (N.C. Ct. App. 1969).
· cites it 4× “G.S. 15-10, entitled ‘Speedy trial or discharge on commitment for felony,’ requires simply that under certain circumstances ‘the prisoner be discharged from custody and not that he go quit of further prosecution.”
State v. Patton, 132 S.E.2d 891 (N.C. 1963).
“G.S. 15-10, entitled “Speedy trial or discharge on commitment for felony,” requires simply that under certain 'circumstances “the prisoner’ be discharged from custody and not that he go.”
Farrington v. State of North Carolina, 391 F. Supp. 714 (M.D.N.C. 1975).
· cites it 2× “One month before he was scheduled for release for the forgery conviction, the petitioner appeared in the Orange County Superior Court and entered a plea of guilty to the lesser included offense of armed robbery, common law robbery, and upon the entry of that plea the solicitor…”
State v. Cavallaro, 164 S.E.2d 168 (N.C. 1968).
““G.S. 15-10 entitled ‘Speedy trial or discharge on commitment for felony,’ requires simply that under certain circumstances ‘the prisoner be discharged from custody and not that he go quit of further prosecution.”
Pitts v. North Carolina, 267 F. Supp. 870 (M.D.N.C. 1967).
· cites it 2× “See also North Carolina General Statutes § 15-10 et seq.”
Beckham v. The State of North Carolina (W.D.N.C. 2024).
· cites it 2× “ollows: The State of NC purposely ignored my motion for speedy trial filed on 03/16/21 and refuse to take me to trial in over 2,000 day’s since my arrest and over 1,000 day’s since filed speedy trial motion and purposely ignored my filed motion for modified terms of release due…”
Beckham v. The State of North Carolina (W.D.N.C. 2024).
· cites it 2× “The Plaintiff claims that he is being falsely imprisoned and denied a speedy trial on the first-degree murder charge, which lacks evidentiary support.”
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treatment. Dots show Syfertize treatment of the citing case itself.