STATE v. FOSTER

No. 220.

121 S.E.2d 553 (1961)

255 N.C. 353

STATE v. Wallace E. FOSTER.

Supreme Court of North Carolina.

September 20, 1961.


Attorney(s) appearing for the Case

John H. Hasty, Charlotte, for petitioner.

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.


PER CURIAM.

Presented here for review is the order dismissing the proceeding upon the ground the petition for review was filed more than five years after conviction. Nevertheless the Court, at the hearing, made extensive findings and concluded that the sentence on the larceny count was unlawful in that the count failed to charge a criminal offense. The Attorney General, with his usual frankness, concedes the sentence on the larceny count cannot be sustained if raised...

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