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State v. Pfeifer
Citations: 11 N.C. App. 183; 180 S.E.2d 469; 1971 N.C. App. LEXIS 1479Docket: No. 7128SC268
Court: Court of Appeals of North Carolina; April 28, 1971; North Carolina; State Appellate Court
The court addressed the defendant's claim that the indictment should be quashed due to North Carolina's non-compliance with the Interstate Agreement on Detainers (IAD). Under G.S. 148-89, a defendant imprisoned in one state can request a trial for pending charges in another state, which must occur within 180 days of notifying the appropriate authorities. The court noted that the fugitive warrant from North Carolina filed in November 1967 was not linked to an escape charge but aimed to return the defendant to complete existing sentences. The defendant did not have any pending "untried indictment, information, or complaint" until the issuance of the escape warrant on April 28, 1970. Therefore, the court concluded it was correct to deny the motion to quash the indictment. Additionally, the defendant argued that the court erred in denying his motion in arrest of judgment, which challenges the sufficiency of the indictment or defects in the record post-verdict. The court found no fatal defects in the record and determined the defendant received a fair trial without prejudicial errors. The court affirmed the decisions made, with Judges Brock and Morris concurring.