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STATE v. GRANT

No. 292.

135 S.E.2d 666 (1964)

261 N.C. 652

STATE v. Kenneth GRANT.

Supreme Court of North Carolina.

April 15, 1964.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Theodore C. Brown, Jr., Staff Atty., Raleigh, for the State.

Turner & Harrison, Kinston, for petitioner.

PER CURIAM.

The question presented by the writ is one of law. A sentence of seven to nine years upon a bill of indictment for an attempt to break and enter is not authorized. The crime charged is a misdemeanor. The maximum punishment for the offense is imprisonment for two years. The commitment issued by the Assistant Clerk of the Greene County Superior Court states, "The commitment was for breaking and entering." The commitment must give way to the basic document...

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