STATE v. POTTER

No. 60.

204 S.E.2d 649 (1974)

285 N.C. 238

STATE of North Carolina v. James Perry POTTER.

Supreme Court of North Carolina.

May 15, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Myron C. Banks and Associate Atty. Norman L. Sloan, Raleigh, for the State.

Sasser, Duke & Brown by J. Thomas Brown, Jr., Goldsboro, for defendant-appellant.

James Perry Potter in pro. per.


BOBBITT, Chief Justice.

We consider first the assignment of error which challenges the court's ruling that defendant when arraigned and tried had sufficient mental capacity to plead to the indictments and to conduct a rational defense.

"In determining a defendant's capacity to stand trial, the test is whether he has the capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense in a rational...

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