discussed Cited as authority (quoted) State v. Whittington (2×) also: Cited "see" the question of defendant's capacity is within the trial judge's discretion and his determination thereof, if supported by the evidence, is conclusive on appeal.

discussed Cited "see" State v. Coley See State v. Reid, 38 N.C.App. 547, 549-50 , 248 S.E.2d 390, 392 (1978) ("The fact that two to three months prior [to the competency hearing] the defendant was determined to be mentally capable to proceed to trial cannot be determinative in itself when the examining psychiatrist casts doubt on his own testimony" by stating on cross-examination that he could not express an opinion regarding the defendant's competency on the date of the hearing.), disc. review denied, 296 N.C. 588 , 254 S.E.2d 31 (1979).

discussed Cited "see" State v. Ager See State v. Reid, 38 N.C.App. 547, 550 , 248 S.E.2d 390, 392 (1978) (holding that the trial court's finding of competency could not be upheld since the examining psychiatrist's conclusion that the defendant's schizophrenia was in remission and he was therefore competent to stand trial was nullified by testimony at trial that the psychiatrist had not seen the defendant some two or three months thereafter, and could not state an opinion whether defendant was still competent at the time of trial), disc. review denied, 296 N.C. 588 , 254 S.E.2d 31 (1979).