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STATE v. CARSWELL

No. 7725SC876.

243 S.E.2d 911 (1978)

STATE of North Carolina v. Rex CARSWELL.

Court of Appeals of North Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Henry H. Burgwyn, Raleigh, for the State.

Richard W. Beyer, Morganton, for defendant-appellant.

ERWIN, Judge.

We first consider defendant's contention that he was denied the effective assistance of counsel at his trial. Justice Branch, speaking for our Supreme Court in State v. Sneed, 284 N.C. 606, 612, 201 S.E.2d 867, 871 (1974), stated the test to be applied: "... the incompetency (or one of its many synonyms) of counsel for the defendant in a criminal prosecution is not a Constitutional...

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