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IN RE TATE

No. 673.

79 S.E.2d 259 (1953)

239 N.C. 94

In re TATE.

Supreme Court of North Carolina.

December 16, 1953.

Attorney(s) appearing for the Case

Moseley & Holt, Greensboro, for respondent-appellant.

W. Brantley Womble, Raleigh, and Thomas Turner, Greensboro, for petitioner-appellee.

BARNHILL, Justice.

Petitioner stood indicted, charged with the commission of a felony. Through counsel he pleaded that he was mentally incapable of pleading to the indictment or preparing his defense. Thereupon the court proceeded to ascertain the merits of the plea as provided in G.S. § 122-84 and committed petitioner to the State Hospital at Raleigh. May he now procure his release in a proceeding instituted under G.S. § 35-4? We are constrained to answer...

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