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STATE v. BLACKMON

No. 2.

199 S.E.2d 431 (1973)

284 N.C. 1

STATE of North Carolina v. Johnny James BLACKMON.

Supreme Court of North Carolina.

October 10, 1973.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Andrew A. Vanore, Jr., Deputy Atty. Gen., Edwin M. Speas, Jr., Associate Atty., Raleigh, for the State of North Carolina.

Elton S. Hudson of Hopkins & Hudson, Albemarle, for defendant appellant.

Norman B. Smith, Greensboro, and Daniel H. Pollitt, Chapel Hill, for the North Carolina Civil Liberties Union Legal Foundation, Inc., amicus curiae.

HUSKINS, Justice:

Defendant assigns as error the admission of his inculpatory statements made while in custody and without benefit of counsel. He contends the incriminating statements are inadmissible because he was indigent at the time, charged with a capital offense, and had not waived his constitutional right to the presence and assistance of counsel. He relies on G.S. § 7A-457(a) as interpreted and applied in State v. Lynch, 279 N.C. 1

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