Supreme Court of North Carolina, 1965

State v. Morgan

State v. Morgan
Supreme Court of North Carolina · Decided November 10, 1965 · Per Curiam
144 S.E.2d 633; 265 N.C. 597; 1965 N.C. LEXIS 1063 (South Eastern Reporter, Second Series)
State v. Morgan

Cases that cite this one

5 later published cases cite this decision.

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Opinion

Per Curiam.

Defendant’s sole contention on this appeal is that the sentences imposed in the court below were excessive and harsh and, as he put it, “unwarranted by the true spirit of the statute.”

Under the provisions of G.S. 14-54, the crime charged in the first count, to which defendant pleaded guilty, is punishable by a sentence in prison of four months to ten years.

The crime charged in the second count in the bill of indictment, to wit, larceny of property from a storehouse, with felonious intent, et cetera, is a felony as at common law, without regard to the value of the property stolen. S. v. Cooper, 256 N.C. 372, 124 S.E. 2d 91.

The court below could have imposed a maximum sentence of ten years on each count.

There is no merit in defendant’s contention, and the sentences imposed by the court below will be upheld.

Affirmed.

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