STATE v. JENKINS

No. 52.

268 S.E.2d 458 (1980)

300 N.C. 578

STATE of North Carolina v. Richard Levi JENKINS.

Supreme Court of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by W. A. Raney, Jr., Sp. Deputy Atty. Gen., Raleigh, for the State.

Floyd D. Brock, Asheville, for defendant-appellant.


BRANCH, Chief Justice.

Defendant first assigns as error the trial court's ruling that defendant had the mental capacity to stand trial.

The trial court conducted a pretrial hearing on defense counsel's motion questioning defendant's capacity to proceed to trial. At this hearing, Dr. John D. Patton, a psychiatrist, testified for the defense that he examined defendant for a total of three hours on several different occasions. He concluded that defendant was...

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