{
  "id": 8575438,
  "name": "STATE v. ELVIN GRAY SQUIRES",
  "name_abbreviation": "State v. Squires",
  "decision_date": "1965-09-29",
  "docket_number": "",
  "first_page": "388",
  "last_page": "389",
  "citations": [
    {
      "type": "official",
      "cite": "265 N.C. 388"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "158 S.E. 94",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "200 N.C. 586",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8624614
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/200/0586-01"
      ]
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    {
      "cite": "100 L. Ed. 397",
      "category": "reporters:federal",
      "reporter": "L. Ed.",
      "opinion_index": 0
    },
    {
      "cite": "350 U.S. 359",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        12032821
      ],
      "opinion_index": 0,
      "case_paths": [
        "/us/350/0359-01"
      ]
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    "simhash": "1:aec01f2c7136e166",
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  "last_updated": "2023-07-14T21:31:16.118019+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. ELVIN GRAY SQUIRES."
    ],
    "opinions": [
      {
        "text": "Pee Cueiam.\nUpon arraignment, counsel questioned the mental capacity of the defendant to plead to the indictment and to conduct his defense. Pursuant to court order he was committed to Dorothea Dix Hospital for observation. At the end of the examination period the authorities certified the defendant was mentally competent to stand trial.\nThe record discloses: \u201cOn calling the case for trial the defendant, through counsel, Charles L. Abernethy, Jr., enters a plea of not guilty and moves to quash the bill of indictment.\u201d Disregarding the question whether the motion to quash was timely made (after plea) the reason assigned (hearsay testimony before the grand jury) was insufficient to invalidate the indictment. Costello v. U. S., 350 U.S. 359, 100 L. Ed. 397. The court, after inquiry, overruled defendant\u2019s challenge to the competency of the prosecuting witness to testify. The court\u2019s finding of competency was warranted by the showing made and hence is conclusive. State v. Levy, 200 N.C. 586, 158 S.E. 94.\nThe questions presented and argued here, as well as the face of the record, disclose that in the trial there was\nNo error.",
        "type": "majority",
        "author": "Pee Cueiam."
      }
    ],
    "attorneys": [
      "T. W. Bruton, Attorney General; Charles D. Barham, Jr., Assistant Attorney General; Wilson B. Partin, Jr., Staff Attorney for the State.",
      "Charles L. Abernethy, Jr.., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. ELVIN GRAY SQUIRES.\n(Filed 29 September, 1965.)\n1. Indictment and Warrant \u00a7 4\u2014\nThat some of the evidence before the grand jury was hearsay and incompetent is not ground for quashal of the indictment.\n2. Witnesses \u00a7 a\u2014\nThe trial court\u2019s finding that a witness was mentally competent to testify is conclusive.\nAppeal by defendant from Morris, J.., January 18, 1965 Criminal Session, DupliN Superior Court.\nCriminal prosecution upon an indictment charging that Elvin G. Squires \u201cbeginning about January 1, 1963 and continuing on occasions through April 18, 1964, . . . feloniously and incestuously did have carnal intercourse with his minor daughter (naming her).\u201d The evidence, including the testimony of the daughter, her mother, brother, Dr. Quinn, the sheriff, and the welfare officer of Duplin County, was ample to support the charge contained in the indictment. The defendant testified in his own behalf and denied the charge. From a verdict of guilty and judgment thereon, the defendant appealed.\nT. W. Bruton, Attorney General; Charles D. Barham, Jr., Assistant Attorney General; Wilson B. Partin, Jr., Staff Attorney for the State.\nCharles L. Abernethy, Jr.., for defendant appellant."
  },
  "file_name": "0388-01",
  "first_page_order": 428,
  "last_page_order": 429
}