State v. Bundridge

BRANCH, Justice.

Defendant assigns as error the ruling of the trial judge which sustained the State’s objection to the admission of Judge Grist’s order of 30 January 1976 finding defendant mentally incapacitated and incapable of proceeding to trial. It is defendant’s position that, since he had the burden of proving his insanity to the satisfaction of the jury, it was prejudicial error to deny him the benefit of this recent adjudication. In support of his position, he relies on State v. Duncan, 244 N.C. 374, 93 S.E. 2d 421 (1956), and cases there cited.

In Duncan, the defendant was tried upon…