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STATE v. HART

No. 166.

146 S.E.2d 816 (1966)

266 N.C. 671

STATE v. Joe T. HART.

Supreme Court of North Carolina.

March 9, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard for the State.

Joseph M. Wright, Shelby, for defendant.

PER CURIAM.

When the cases were consolidated for judgment the court could not impose a sentence in excess of the punishment authorized upon conviction or plea of guilty of any one of the crimes charged, State v. Massey, 265 N.C. 579, 144 S.E.2d 649.

The judgment imposing prison sentence of 36 months is vacated. The case is remanded for sentence not in excess of that allowed by law.

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