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STATE v. PETTICE

No. 7526SC292.

215 S.E.2d 847 (1975)

26 N.C. App. 272

STATE of North Carolina v. David Leroy PETTICE.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Noel Lee Allen, Raleigh, for the State.

Paul J. Williams, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the trial court erred in finding that Carl Edward Greene was competent to testify. We disagree. The competency of a witness rests largely in the court's discretion. State v. Benton, 276 N.C. 641, 174 S.E.2d 793 (1970). The test of competency is the capacity to understand and to relate under oath facts which will assist the jury in finding the ultimate facts....

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