STATE v. CLENDON

No. 217.

105 S.E.2d 93 (1958)

249 N.C. 44

STATE v. James C. CLENDON.

Supreme Court of North Carolina.

October 8, 1958.


Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell and Asst. Atty. Gen. T. W. Bruton, for the State.


PER CURIAM.

The prayer of petitioner is that this Court review the record and "issue an order directing that petitioner be discharged from custody."

The sentence imposed in Madison County is, as to the minimum time the prisoner is to serve, within the limits permitted by statute; but the maximum term set is beyond statutory authorization. G.S. § 14-70, G.S. § 14-54. The sentence imposed is not void in toto. Petitioner is not entitled to be...

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