klopfer
north
carolina
argued
december
decided
march
petitioner
trial
north
carolina
criminal
trespass
indictment
ended
declaration
mistrial
jury
failed
reach
verdict
case
postponed
two
terms
petitioner
filed
motion
trial
petitioned
ascertain
state
intended
bring
trial
motion
considered
state
prosecutor
moved
permission
take
nolle
prosequi
leave
procedural
device
whereby
accused
discharged
custody
remains
subject
prosecution
time
future
discretion
prosecutor
although
petitioner
objected
trespass
charge
abated
civil
rights
act
entry
nolle
prosequi
order
violate
federal
right
speedy
trial
trial
without
stated
justification
granted
prosecutor
motion
appeal
state
affirmed
trial
action
holding
defendant
right
speedy
trial
trial
right
require
state
prosecute
prosecutor
discretion
approval
elects
take
nolle
prosequi
held
indefinitely
postponing
prosecution
indictment
petitioner
objection
without
stated
justification
state
denied
petitioner
right
speedy
trial
guaranteed
sixth
fourteenth
amendments
federal
constitution
pp
reversed
remanded
wade
penny
argued
cause
filed
brief
petitioner
andrew
vanore
argued
cause
respondent
brief
bruton
attorney
general
north
carolina
ralph
moody
deputy
attorney
general
william
van
alstyne
melvin
wulf
filed
brief
american
civil
liberties
union
et
amici
curiae
chief
justice
warren
delivered
opinion
question
involved
case
whether
state
may
indefinitely
postpone
prosecution
indictment
without
stated
justification
objection
accused
discharged
custody
presented
context
application
unusual
north
carolina
criminal
procedural
device
known
nolle
prosequi
leave
north
carolina
criminal
procedure
prosecuting
attorney
county
denominated
solicitor
determines
desire
proceed
prosecution
may
take
nolle
prosequi
thereby
declaring
time
prosecute
suit
effect
put
defendant
without
day
discharged
permitted
go
whithersoever
without
entering
recognizance
appear
time
wilkinson
wilkinson
taking
nolle
prosequi
permanently
terminate
proceedings
indictment
contrary
nolle
prosequi
entered
case
may
restored
trial
docket
ordered
judge
upon
solicitor
application
state
klopfer
solicitor
petitions
nolle
prosequi
case
leave
consent
required
reinstate
prosecution
future
date
implied
order
solicitor
without
order
may
case
restored
trial
ibid
since
indictment
discharged
either
nolle
prosequi
nolle
prosequi
leave
statute
limitations
remains
tolled
state
williams
although
entry
nolle
prosequi
said
usually
properly
left
discretion
solicitor
state
moody
early
decisions
indicate
state
aware
trial
judge
exercise
control
procedure
prevent
oppression
defendants
see
state
smith
state
thornton
present
case
neither
solicitor
offers
reason
case
petitioner
nolle
prossed
except
suggestion
solicitor
tried
defendant
obtained
mistrial
may
concluded
another
go
worth
time
expense
another
effort
brief
attorney
general
quotes
language
opinion
support
judgment
whether
procedure
presently
sustained
north
carolina
courts
statute
conception
procedure
indicated
opinion
transcript
briefs
parties
present
case
statutory
reference
nolle
prosequi
general
statutes
north
carolina
face
apply
facts
case
perhaps
procedure
genesis
lies
early
nineteenth
century
decisions
state
approving
use
nolle
prosequi
leave
reinstate
indictment
although
early
applications
procedure
quite
different
period
following
enactment
compare
state
thompson
state
thornton
capias
issued
immediately
entry
nolle
prosequi
leave
state
smith
capias
issued
eight
years
nolle
prosequi
leave
taken
even
though
defendant
available
trial
consequence
extraordinary
criminal
procedure
made
apparent
case
defendant
indicted
misdemeanor
may
denied
opportunity
exonerate
discretion
solicitor
held
subject
trial
objection
throughout
unlimited
period
solicitor
may
restore
case
calendar
period
means
obtain
dismissal
case
restored
calendar
trial
spite
result
attorney
general
state
fact
rely
upon
affirmance
case
procedure
applied
petitioner
placed
limitations
upon
way
violative
rights
agree
procedure
applied
petitioner
following
circumstances
february
petitioner
indicted
grand
jury
orange
county
crime
criminal
trespass
misdemeanor
punishable
fine
imprisonment
amount
duration
determined
exercise
discretion
bill
charged
entered
restaurant
january
ordered
leave
said
premises
wilfully
unlawfully
refused
knowing
reason
know
license
therefor
prosecution
indictment
began
admirable
promptness
march
special
criminal
session
superior
orange
county
jury
failed
reach
verdict
trial
judge
declared
mistrial
ordered
case
continued
term
several
weeks
prior
april
criminal
session
superior
state
solicitor
informed
petitioner
intention
nolle
prosequi
leave
entered
case
session
petitioner
attorney
opposed
entry
order
open
trespass
charge
contended
abated
civil
rights
act
construed
hamm
city
rock
hill
spite
petitioner
opposition
indicated
approve
entry
nolle
prosequi
leave
requested
solicitor
solicitor
declined
make
motion
nolle
prosequi
leave
instead
filed
motion
continue
case
yet
another
term
motion
granted
calendar
august
criminal
session
list
klopfer
case
trial
ascertain
status
case
petitioner
filed
motion
expressing
desire
charge
pending
permanently
concluded
accordance
applicable
laws
state
north
carolina
soon
reasonably
possible
noting
months
elapsed
since
indictment
petitioner
professor
zoology
duke
university
contended
pendency
indictment
greatly
interfered
professional
activities
travel
wherefore
motion
concluded
defendant
petitions
exercise
general
supervisory
jurisdiction
inquire
trial
status
charge
pending
defendant
ascertain
intention
state
regard
trial
said
charge
defendant
brought
trial
response
motion
trial
judge
considered
status
petitioner
case
open
monday
august
time
solicitor
moved
state
permitted
take
nolle
prosequi
leave
even
though
justification
proposed
entry
offered
state
spite
petitioner
objection
order
granted
state
motion
appeal
north
carolina
petitioner
contended
entry
nolle
prosequi
leave
order
deprived
right
speedy
trial
required
fourteenth
amendment
constitution
although
acknowledged
entry
nolle
prosequi
leave
permanently
discharge
indictment
nevertheless
affirmed
opinion
concludes
without
question
defendant
right
speedy
trial
trial
however
understand
defendant
right
compel
state
prosecute
state
prosecutor
discretion
approval
elects
take
nolle
prosequi
case
one
jury
seems
unable
agree
solicitor
may
concluded
another
go
worth
time
expense
another
case
solicitor
entering
nolle
prosequi
leave
followed
customary
procedure
cases
discretion
reviewable
facts
disclosed
record
order
affirmed
believe
position
taken
erroneous
petitioner
relieved
limitations
placed
upon
liberty
prosecution
merely
suspension
permits
go
whithersoever
pendency
indictment
may
subject
public
scorn
deprive
employment
almost
certainly
force
curtailment
speech
associations
participation
unpopular
causes
indefinitely
prolonging
oppression
well
anxiety
concern
accompanying
public
accusation
criminal
procedure
condoned
case
north
carolina
clearly
denies
petitioner
right
speedy
trial
hold
guaranteed
sixth
amendment
constitution
difference
opinion
provisions
amendment
constitution
apply
fourteenth
amendment
question
settled
recent
cases
gideon
wainwright
pointer
texas
latter
case
dealt
provision
said
light
gideon
malloy
cases
cited
opinions
holding
various
provisions
bill
rights
applicable
virtue
fourteenth
amendment
statements
made
west
similar
cases
generally
declaring
sixth
amendment
apply
longer
regarded
law
hold
petitioner
entitled
tried
accordance
protection
confrontation
guarantee
sixth
amendment
guarantee
like
right
compelled
enforced
fourteenth
amendment
according
standards
protect
personal
rights
federal
encroachment
malloy
hogan
supra
therefore
every
subject
realme
injury
done
bonis
terris
vel
persona
subject
ecclesiasticall
temporall
free
bond
man
woman
old
young
outlawed
excommunicated
without
exception
may
take
remedy
course
law
justice
right
injury
done
freely
without
sale
fully
without
deniall
speedily
without
delay
history
right
speedy
trial
reception
country
clearly
establish
one
basic
rights
preserved
constitution
reasons
stated
judgment
must
reversed
remanded
proceedings
inconsistent
opinion
ordered
stat
nolle
prosequi
leave
shall
entered
criminal
actions
indictment
pending
two
terms
defendant
apprehended
nolle
prosequi
entered
unless
judge
good
cause
shown
shall
order
otherwise
clerk
superior
shall
issue
capias
arrest
defendant
named
criminal
action
nolle
prosequi
entered
reasonable
ground
believing
defendant
may
arrested
upon
application
solicitor
district
defendant
shall
arrested
shall
duty
clerk
issue
subpoena
witnesses
state
indorsed
indictment
provision
originally
enacted
oral
argument
counsel
state
informed
north
carolina
indictment
quashed
contained
vitiating
defect
see
also
stat
stat
supp
although
expressly
limited
statute
extent
punishment
limited
const
art
excessive
bail
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
see
state
driver
decisions
state
courts
indicate
imprisonment
two
years
unusual
punishment
see
state
farrington
constitutional
limitation
upon
amount
fine
judicially
determined
see
rost
municipal
southern
judicial
district
cal
app
cal
rptr
dist
kistler
state
ind
jones
commonwealth
barrett
state
md
hicks
recorder
detroit
state
artz
see
also
jacobson
winter
idaho
people
bryarly
people
prosser
state
couture
state
keefe
wyo
right
speedy
trial
may
violated
undue
delay
bringing
prisoner
confined
within
state
trial
even
though
held
custody
indictment
dicta
decisions
colorado
iowa
utah
courts
clearly
indicate
also
hold
speedy
trial
right
protect
defendant
petitioner
position
see
miller
pines
district
woodbury
county
iowa
state
mathis
utah
although
pennsylvania
decided
question
presented
case
decisions
indicate
right
speedy
trial
applicable
man
held
prison
see
commonwealth
ex
rel
smith
patterson
case
commonwealth
held
delay
trying
defendant
failure
give
notice
pendency
complaint
eight
years
constituted
denial
due
process
moreover
rule
commonwealth
rules
criminal
procedure
authorizes
dismiss
case
brought
trial
within
reasonable
time
rule
legislation
defendant
whether
large
custody
whose
trial
unduly
delayed
entitled
dismissal
see
rule
crim
proc
cal
pen
code
code
ann
idaho
code
ann
iowa
code
supp
la
rev
stat
supp
rev
stat
tit
mont
rev
codes
ann
rev
stat
rev
rule
crim
proc
supp
cent
code
okla
tit
rev
stat
code
supp
utah
code
ann
rev
code
code
ann
thirty
continue
permit
prosecuting
official
enter
nolle
prosequi
legislation
decisions
proscribe
reinstatement
indictment
subsequent
term
see
lawson
people
price
cobb
app
implication
jones
newell
app
state
wong
haw
people
watson
cert
denied
la
rev
stat
barrett
state
md
state
montgomery
mo
golib
ohio
app
state
ex
rel
hobbs
murrell
ex
parte
isbell
tex
cr
dudley
state
woodworth
mills
alabama
permits
reinstatement
indictment
nolle
prossed
leave
defendant
brought
see
code
tit
supp
thus
procedure
similar
filing
away
indictment
discussed
remaining
north
carolina
pennsylvania
held
nolle
prossed
indictment
reinstated
subsequent
term
see
commonwealth
mclaughlin
several
permit
removal
indictment
trial
docket
leave
reinstate
indefinite
future
date
use
procedure
limited
situations
defendant
brought
consented
removal
see
people
fewkes
cal
state
dix
ind
app
lifshutz
state
md
cert
denied
commonwealth
dowdican
bail
mass
indictment
may
filed
away
verdict
consent
accused
gordon
state
miss
consent
defendant
necessary
rush
state
miss
defendant
mental
institution
time
indictment
retired
files
one
time
illinois
decisions
indicated
accused
imprisoned
within
state
another
charge
indictment
might
filed
away
without
consent
see
people
kidd
decisions
since
overruled
see
people
bryarly
ewell
magna
carta
king
john
charter
translated
quoted
coke
second
part
institutes
laws
england
brooke
robber
murderer
thief
receiver
arrested
aforesaid
oath
justices
come
speedily
enough
country
taken
let
sheriffs
send
word
nearest
justice
person
arrested
men
justices
shall
send
back
word
sheriffs
informing
desire
men
brought
let
sheriffs
bring
justices
english
historical
documents
example
commission
goal
delivery
set
forth
goebel
cases
materials
development
legal
institutions
rev
lord
king
beloved
faithful
stephen
de
segrave
william
fitz
warin
greeting
know
appointed
justices
deliver
gaol
gloucester
accordance
custom
realm
prisoners
arrested
held
hence
order
company
coroners
county
gloucester
convene
gloucester
morrow
festival
holy
trinity
twelfth
year
reign
monday
may
deliver
aforementioned
gaol
aforesaid
ordered
sheriff
gloucestershire
aforesaid
time
place
cause
come
prisoners
aforesaid
gaol
persons
attached
appear
account
witness
whereof
etc
dated
april
twelfth
year
reign
judges
commissioned
general
oyer
terminer
commission
professor
goebel
writes
ordered
inquire
grand
jury
named
crimes
treasons
pettiest
offense
particulars
hear
determine
according
law
custom
realm
coke
op
cit
supra
see
ibid
hereby
appeareth
coke
stated
next
paragraph
justice
must
three
qualities
must
libera
quia
nihil
iniquius
venali
justitia
plena
quia
justitia
non
debet
claudicare
et
celeris
quia
dilatio
est
quaedam
negatio
justice
right
later
explication
chapter
coke
wrote
conformity
promise
delay
justice
king
commissions
oier
terminer
goale
delivery
peace
clause
facturi
quod
ad
justitiam
pertinet
secundum
legem
consuetudinem
angliae
doe
justice
right
according
rule
law
custome
england
see
warren
history
american
bar
meador
habeas
corpus
magna
carta
quoted
warren
op
cit
supra
quoted
bowen
lion
throne
see
coke
op
cit
supra
proeme
see
rowland
life
george
mason
see
va
declaration
rights
see
del
art
md
declaration
rights
art
xix
pa
declaration
rights
art
ix
va
declaration
rights
mass
part
art
xi
provided
every
subject
commonwealth
find
certain
remedy
recourse
laws
injuries
wrongs
may
receive
person
property
character
obtain
right
justice
freely
without
obliged
purchase
completely
without
denial
promptly
without
delay
conformably
laws
construed
guaranteeing
citizens
right
speedy
trial
see
commonwealth
hanley
mass
similar
provision
included
new
hampshire
constitution
part
art
xiv
kentucky
tennessee
vermont
three
admitted
union
eighteenth
century
specifically
guaranteed
right
speedy
trial
constitutions
see
const
art
xiv
const
art
xii
const
art
xi
justice
harlan
concurring
result
entirely
agree
result
reached
unable
subscribe
constitutional
premises
upon
result
based
quite
evidently
viewpoint
fourteenth
amendment
incorporates
absorbs
specific
provisions
bill
rights
believe
sound
constitutional
doctrine
see
opinion
concurring
result
pointer
texas
rest
decision
case
speedy
trial
provision
sixth
amendment
ground
unusual
north
carolina
procedure
effect
allows
state
prosecuting
officials
put
person
cloud
unliquidated
criminal
charge
indeterminate
period
violates
requirement
fundamental
fairness
assured
due
process
clause
fourteenth
amendment
support
conclusion
need
refer
traditional
concepts
due
process
set
forth
opinion
chief
justice