North Carolina Criminal Law Blog Discusses Arraignment Requirements and State v. Shook Precedent
The North Carolina Criminal Law Blog is examining the state's legal requirement that arraignment not occur in the same week as a trial, as stipulated by G.S. 15A-943(b). This discussion, part two of a series, focuses on instances where arraignment is delayed or overlooked. The blog references the precedent set by *State v. Shook*, a 1977 North Carolina Supreme Court case, which established that a violation of this statute constitutes reversible error without requiring the defendant to prove prejudice. The *Shook* case involved a defendant tried and convicted on felony firearm and assault charges, where arraignment was repeatedly delayed and ultimately occurred on the day trial was set to begin. The court denied the defendant's objection, interpreting it as a motion to continue, but the Supreme Court later ruled that the statute vests a right in the defendant to sufficient time for trial preparation. 
