Dissenting Opinion by
Mr. Justice Cohen:The opinion of the lower court reveals that Dr. William C. Ryan, Superintendent of Somerset State Hospital, submitted to the court a written report stating that the intellectual level of the defendant was *472“borderline at best.” In my opinion, this is an insufficient evaluation of the defendant’s mentality with respect to determining whether or not she was fit to stand trial. I would not make the determination now made by the majority, but would remand this entire proceeding to the court below with instructions that an exhaustive mental examination of the defendant be undertaken. In my view, the representation by counsel of a defendant who lacks the mentality to communicate with him is an unconstitutional deprivation. Accordingly, I would want to know the defendant’s mental capacity before requiring her to stand trial for murder.
I dissent.