Legal Opinion

State v. Potter

Supreme Court of North Carolina

Decided May 15, 1974No. 60PublishedCited by 66 opinions

1Opinion of the Court

BOBBITT, Chief Justice.

We consider first the assignment of error which challenges the court’s ruling that defendant when arraigned and tried had sufficient mental capacity to plead to the indictments and to conduct a rational defense.

“In determining a defendant’s capacity to stand trial, the test is whether he has the capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense in a rational manner, and to cooperate with his counsel to the end that any available defense may be interposed.” 21 Am. Jur. 2d, Criminal Law § 63…

2Cases cited16 opinions

  1. State v. AtkinsonSupreme Court of North Carolina · 1969
  2. State v. MercerSupreme Court of North Carolina · 1969
  3. State v. PropstSupreme Court of North Carolina · 1968
  4. State v. SpenceSupreme Court of North Carolina · 1967
  5. State v. BallardSupreme Court of North Carolina · 1972

11 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. State v. WilkersonSupreme Court of North Carolina · 1978
  2. State v. JohnsonSupreme Court of North Carolina · 1979
  3. People v. WakefordMichigan Supreme Court · 1983
  4. Commonwealth v. KostkaMassachusetts Supreme Judicial Court · 1976
  5. Williams v. StateIndiana Supreme Court · 1979

61 more not listed; retrieve them via the Exa API.

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