With these principles in mind, we turn to defendant's arguments. Defendant first argues that the trial court erred in overruling his objection to the prosecutor's twice quoting from State v. Rogers, 275 N.C. 411, 168 S.E.2d 345 (1969). Arguing against mitigating circumstance (f)(2), that the capital felony was committed while defendant was under the influence of mental or emotional disturbance, the prosecutor stated that low mentality is not a defense to a criminal charge, evidence of low mentality is irrelevant, and the test of accountability is whether a defendant has the ability to distinguish right from wrong.
Over and over again, this Court has said that the test of insanity as a defense to a criminal charge is the capacity to distinguish between right and wrong at the time of and in respect to the matter under investigation. State v. Humphrey, 283 N.C. 570, 196 S.E.2d 516; State v. Jones, supra; State v. Benton, 276 N.C. 641, 174 S.E.2d 793; State v. Rogers, 275 N.C. 411 168 S.E.2d 345, cert den., 396 U.S. 1024; State v. Atkinson, 275 N.C. 288, 167 S.E.2d 241, reversed on death penalty only, 403 U.S. 948; State v. Spence, 271 N.C. 23, 155 S.E.2d 802, reversed on another point, 392 U.S. 649; State v. Creech, 229 N.C. 662, 51 S.E.2d 348; State v. Swink, 229 N.C. 123, 47 S.E.2d 852. As Justice Branch, speaking for the Court, said in State v. Humphrey, supra, "North Carolina, as well as many other jurisdictions, has steadfastly refused to recognize the `irresistible impulse doctrine' as a test of criminal responsibility."
When relevant, articles of clothing identified as worn by the victim at the time the crime was committed are always competent evidence, and their admission has been approved in many decisions of this Court. State v. Rogers, 275 N.C. 411, 168 S.E.2d 345 (1969); State v. Peele, 274 N.C. 106, 161 S.E.2d 568 (1968). See Stansbury, N.C. Evidence (2d Ed., 1963), 118.
Under the common law doctrine of doli incapax, children below the age of seven are conclusively presumed to be incapable of committing a crime. State v. Rogers, 275 N.C. 411, 424, 168 S.E.2d 345, 352 (1969), cert. denied, 396 U.S. 1024, 24 L.Ed.2d 518 (1970); State v. Yeargan, 117 N.C. 706, 707, 23 S.E. 153, 154 (1895). According to this doctrine, children between the ages of seven and fourteen are also presumed incapable of committing a crime but the presumption may be rebutted by proof that the child is capable of discerning between good and evil.
Nonproperty owners do not constitute such a necessary section of the community sample that would compel this Court to hold otherwise. See State v. Rogers (1969), 275 N.C. 411 ( 168 S.E.2d 345), cert den (1970), 396 U.S. 1024 ( 90 S Ct 599, 24 L Ed 2d 518). Defendant's argument that black people are systematically excluded from jury duty is without merit.
See State v. Burnett, 179 N.C. 735, 102 S.E. 711, 713 (1920). See also State v. Alexander, 279 N.C. 527, 184 S.E.2d 274, 280 (1971); State v. Rogers, 275 N.C. 411, 168 S.E.2d 345, 353 (1969). But see State v. Miller, 281 N.C. 70, 187 S.E.2d 729, 733-735 (1972).
This Court has issued consistent determinations to this effect, even under varying circumstances. See House , 295 N.C. at 200-03, 244 S.E.2d at 660-62 (concluding that while a grand jury foreman signed an indictment that failed to explicitly indicate that at least twelve jurors concurred in the finding but stated that the jury found the indictment to be a true bill, such omission violated only a directory provision); State v. Rogers , 275 N.C. 411, 422-23, 168 S.E.2d 345, 351-52 (1969) (concluding that statutory provisions requiring county commissioners making up a jury list to use, in addition to a tax list, "a list of names of persons who do not appear upon the tax list," are "directory and not mandatory in the absence of bad faith or corruption"), cert. denied , 396 U.S. 1024, 90 S.Ct. 599, 24 L.Ed.2d 518 (1970) ; N.C. State Art Soc'y., Inc. v. Bridges , 235 N.C. 125, 130, 69 S.E.2d 1, 4-5 (1952) (concluding that a statute requiring one of two particular individuals to appraise art selected to be purchased by the State Art Commission was directory and the decision to have a different qualified person to appraise the art constituted substantial compliance with the statute). Thus, the provision stating that a child support order may be modified "upon" a motion in the cause is merely directory; therefore, plaintiff's failure to do so does not divest the district court of jurisdiction.
Moreover, it is well established that "'[a]rticles of clothing identified as worn by the victim at the time the crime was committed are competent evidence.'" State v. Lloyd, 354 N.C. 76, 100, 552 S.E.2d 596, 615 (2001) (quoting State v. Rogers, 275 N.C. 411, 430, 168 S.E.2d 345, 356 (1969), cert. denied, 396 U.S. 1024, 24 L. Ed. 2d 518 (1970)) (alteration in original). We hold that the clothing worn by Seleana Nesbitt at the time of her death is relevant and admissible under our prior case law.
However, we have previously held that "[a]rticles of clothing identified as worn by the victim at the time the crime was committed are competent evidence, and their admission has been approved in many decisions of this Court." State v. Rogers, 275 N.C. 411, 430, 168 S.E.2d 345, 356 (1969), cert. denied, 396 U.S. 1024, 24 L.Ed.2d 518 (1970). Specifically, we have held that `"[b]loody clothing of a victim that is corroborative of the State's case, is illustrative of the testimony of a witness, or throws any light on the circumstances of the crime is relevant and admissible evidence at trial.'"
His conviction was upheld but his case remanded for resentencing because of the unconstitutionality of the death penalty. See also State v. Hills, 354 So.2d 186 (La. 1978), after remand 377 So.2d 1218 (La. 1979) which upheld a life sentence for a sixteen year old aggravated rapist and State v. Rogers, 275 N.C. 411, 168 S.E.2d 345 (N.C. 1969) which upheld a life sentence of a defendant who was fourteen years, eleven months at the time the rape was committed. Helm requires that the sentence be compared with that which could be imposed on other criminals in this state.