State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-10

§15‑10.  Speedy trial or discharge on commitment for felony.

When any person who has beencommitted for treason or felony, plainly and specially expressed in the warrantof commitment, upon his prayer in open court to be brought to his trial, shallnot 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 onthe last day of the term, shall set at liberty such prisoner upon bail, unlessit appear upon oath that the witnesses for the State could not be produced atthe same term; and if such prisoner, upon his prayer as aforesaid, shall not beindicted and tried at the second term of the court, he shall be discharged fromhis imprisonment: Provided, the judge presiding may, in his discretion, refuseto discharge such person if the time between the first and second terms of thecourt be less than four months. (1868‑9, c. 116, s. 33;Code, s. 1658; Rev., s. 3155; 1913, c. 2; C.S., s. 4521.)