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STATE v. BROOKS

No. 166.

156 S.E.2d 676 (1967)

271 N.C. 462

STATE v. George L. BROOKS.

Supreme Court of North Carolina.

September 27, 1967.

Attorney(s) appearing for the Case

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

Marvin J. Cowell, Jr., Wilmington, for defendant.

PER CURIAM:

Defendant appeals because the two sentences, which the court specified should run concurrently, do not specify the same place of confinement. He argues that "`[a] sentence in the penitentiary and one adjudging that a man shall spend a certain time in the county jail cannot be served out concurrently.' Story v. State, 114 Tex.Cr.R. 668, 27 S.W.2d 204." In re Smith, 235 N.C. 169, 172, 69 S.E.2d 174

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