State v. Shook

In State v. Shook, 293 N.C. 315, 316, 237 S.E.2d 843, 845 (1977), our Supreme Court granted the defendant a new trial based upon his trial's having commenced on the same day he was arraigned. Id. at 320, 237 S.E.2d at 847. In analyzing the statute, the Court never even states whether the defendant explicitly cited section 15A-943, let alone that such explicit citation is affirmatively required in all instances. Likewise, in State v. McCabe, this Court granted the defendant a new trial on exactly the same grounds. 80 N.C. App. 556, 557-58, 342 S.E.2d 580, 581 (1986). No mention was made then of whether the defendant ever explicitly cited section 15A-943. The only case in which we have found a defendant to have waived the statutory protection was when defendant's only objection to the timing of the trial was based upon his not being able to summon an essential defense witness. State v. Davis, 38 N.C. App. 672, 675-76, 248 S.E.2d 883, 886 (1978). Based upon these cases, we believe the proper focus is not upon whether a defendant explicitly cites section 15A-943 but upon whether his need for a continuance is based upon the same purposes for which the statute was enacted. To that effect, the purpose of section 15A-943(b) is to allow both sides a sufficient interlude in order to prepare for trial. Shook, 293 N.C. at 318, 237 S.E.2d at 846. Our Supreme Court has explained: Before arraignment neither the state nor defendant may know whether the case need proceed to trial. The state may not know since no formal entry of plea has been made. Defendant himself may not know since prior to arraignment he may have been considering entering a guilty plea to the charge or pursuant to some plea negotiation which has taken place between him and the state. The week's interim . . . thereby helps to avoid preparation which may well be not only extensive but also unnecessary. Id.