STATE v. CASS

No. 8123SC251.

285 S.E.2d 337 (1982)

STATE of North Carolina v. Julius Lee CASS.

Court of Appeals of North Carolina.

January 5, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Sarah C. Young, Raleigh, for the State.

Paul W. Freeman, Jr., Wilkesboro, for defendant-appellant.


WHICHARD, Judge.

ADMISSIBILITY OF DEFENDANT'S STATEMENTS

Defendant challenges the admissibility of three inculpatory statements which he made, one in the late evening of 7 December 1979 prior to his formal arrest, and two the following morning subsequent to his arrest and while he was in custody. He contends (1) his statements were the product of a seizure which violated his fourth amendment rights, and (2) he lacked the mental capacity to waive his fifth...

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