State v. Benton

Appellant enumerates 26 assignments of error. Those brought forward, which we deem entitled to consideration, will be discussed topically.

Assignments Nos. 1, 2, and 3 raise the question whether the trial judge abused his discretion in holding that Epley had sufficient mental capacity to be a competent witness. The North Carolina rule is well stated in 97 C. J. S. Witnesses § 57(b) (1957): “Unsoundness of mind does not per se render a witness incompetent, the general' rule being that a lunatic or weak-minded person is admissible as a witness if he has sufficient understanding to apprehend the…