STATE v. FAIN

No. 152.

108 S.E.2d 68 (1959)

250 N.C. 117

STATE v. William FAIN.

Supreme Court of North Carolina.

April 15, 1959.


Attorney(s) appearing for the Case

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

William Fain, in pro. per.


PER CURIAM.

The defendant prays this Court for review of the records and for his discharge from custody.

The sentence of not less than twelve years and not more than fifteen years, imposed in Gaston County in 1957, is excessive. The applicable statute, G.S. § 14-70, provides for punishment of not less than four months nor more than ten years. Consequently, the sentence is excessive both as to its maximum and its minimum. Even so, the defendant is not...

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