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STATE v. ROSS

No. 37.

254 S.E.2d 10 (1979)

297 N.C. 137

STATE of North Carolina v. James Howard ROSS.

Supreme Court of North Carolina.

April 20, 1979.

Attorney(s) appearing for the Case

L. K. Biedler, Jr., Monroe and James C. Fuller, Jr., Charlotte, for the defendant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

COPELAND, Justice.

The defendant contends the trial court erred in not granting his motion to suppress his confession made to the police officers on 26 June 1978. We agree; therefore, the defendant must be granted a new trial.

Defendant argues that he was incompetent at the time the confession was made. The United States Supreme Court considered this issue in Blackburn v. Alabama, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d...

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