STATE v. PENLEY

No. 34.

200 S.E.2d 1 (1973)

284 N.C. 247

STATE of North Carolina v. James Edward PENLEY.

Supreme Court of North Carolina.

November 14, 1973.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.

Richard S. Towers, Asst. Public Defender, Greensboro, for defendant.


HIGGINS, Justice.

The defendant, age fifteen, objected to the trial court's finding that he consented to being questioned in the absence of counsel. At the beginning of the interrogation the officers ascertained the defendant was fifteen years of age. They sent for his mother with whom he lived. Both the defendant and his mother were advised of the defendant's constitutional rights. The mother signed a written waiver and consented to the interrogation.

The...

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