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STATE v. TEMPLETON

No. 290.

75 S.E.2d 243 (1953)

237 N.C. 440

STATE v. TEMPLETON.

Supreme Court of North Carolina.

March 25, 1953.

Attorney(s) appearing for the Case

R. Brookes Peters, Laurence J. Beltman and E. W. Hooper, Raleigh, for Walter F. Anderson, Director of Prisons, North Carolina, respondent.

PER CURIAM.

The respondent concedes, and rightly so, that the maximum imprisonment prescribed by statute, G.S. § 14-54, upon conviction for felonious breaking or entering is a period of ten years.

Accordingly, while the minimum term prescribed by the judgment under review is for a term of seven years, the maximum imprisonment allowable under the judgment is a period of twelve years, which is in excess of the maximum provided by the controlling statute...

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