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STATE v. YOUNG

No. 1.

231 S.E.2d 577 (1977)

291 N.C. 562

STATE of North Carolina v. Charles Dewitt YOUNG.

Supreme Court of North Carolina.

January 31, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by David S. Crump, Associate Atty., Raleigh, for State of N. C.

Reuben L. Moore, Jr., Elizabethtown, for defendant-appellant.

HUSKINS, Justice:

Defendant contends in his first assignment of error that the trial court erred in failing to hold a hearing to determine his capacity to proceed as mandated by G.S. 15A-1002 (Cum.Supp.1975). That statute reads in relevant part:

"(a) The question of the capacity of the defendant to proceed may be raised at any time by the prosecutor, the defendant, the defense counsel, or the court on its own motion. (b) When the capacity of the...

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