STATE v. McGEE

No. 8118SC1032.

289 S.E.2d 616 (1982)

STATE of North Carolina v. Arthur Jason McGEE.

Court of Appeals of North Carolina.

April 6, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. J. Chris Prather, Raleigh, for the State.

McNairy, Clifford & Clendenin by Locke T. Clifford and Michael R. Nash, Greensboro, for defendant-appellant.


WELLS, Judge.

The sole question we consider is whether the trial court erred in concluding that defendant was capable of pleading and standing trial at the time of his arraignment and trial. Because we find that Judge Albright's order recommitting defendant to Dorothea Dix Hospital for further observation established a presumption of a lack of capacity, we hold that a further hearing on the issue of his capacity to proceed...

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