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IN RE ROBINSON

No. 7527SC294.

215 S.E.2d 631 (1975)

26 N.C. App. 341

In the Matter of Jill Cathey ROBINSON, Respondent.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Basil L. Whitener and Anne M. Lamm, Gastonia, for petitioner appellee.

Roberts & Caldwell, P. A. by Joseph B. Roberts, III, Mullen, Holland & Harrell by Graham C. Mullen, Gastonia, for respondent appellant.

VAUGHN, Judge.

It is fundamental that one accused of incompetency is entitled to notice of the proceedings and a reasonable opportunity to rebut the allegations of the petition. The statute, G.S. § 35-2, requires "notice." "This statute does not specify the time but. . . ten days' notice would be appropriate unless the court, for good cause, should prescribe a shorter period." Hagins v. Redevelopment Comm.,

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