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STATE v. BENTON

No. 17.

174 S.E.2d 793 (1970)

276 N.C. 641

STATE of North Carolina v. Mary Benton BENTON.

Supreme Court of North Carolina.

June 12, 1970.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., and D. M. Jacobs, Staff Atty., Raleigh, for the State.

Byrd, Byrd & Ervin, Morganton, for defendant-appellant.

SHARP, Justice.

Appellant enumerates 26 assignments of error. Those brought forward, which we deem entitled to consideration, will be discussed topically.

Assignments Nos. 1, 2, and 3 raise the question whether the trial judge abused his discretion in holding that Epley had sufficient mental capacity to be a competent witness. The North Carolina rule is well stated in 97 C.J.S. Witnesses § 57b (1957): "Unsoundness...

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