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STATE v. TAYLOR

No. 3.

259 S.E.2d 502 (1979)

298 N.C. 405

STATE of North Carolina v. Norris TAYLOR, a/k/a Tom Gatling.

Supreme Court of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by W. A. Raney, Jr., Sp. Deputy Atty. Gen., Daniel C. Oakley and Jo Anne Sanford, Asst. Attys. Gen., Raleigh, for the State.

James B. Ethridge, Smithfield, for defendant-appellant.

HUSKINS, Justice:

By his first assignment of error defendant contends the trial court erred in failing to commit defendant for a psychiatric evaluation prior to holding a hearing to determine defendant's capacity to proceed as mandated by G.S. 15A-1002. That statute provides in relevant part:

"(a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the defense counsel, or the court...

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