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STATE v. JONES

No. 6825SC262.

163 S.E.2d 910 (1968)

3 N.C. App. 69

STATE of North Carolina v. John L. JONES.

Court of Appeals of North Carolina.

November 13, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. Wade Bruton and Deputy Atty. Gen. James F. Bullock, for the State.

Charles W. Gordon, Jr., Newton, for defendant appellant.

BRITT, Judge.

G.S. § 148-45(a) provides that any prisoner serving a sentence imposed pursuant to conviction of a felony who escapes from the State's prison system shall, for the first offense, be guilty of a felony and upon conviction shall be imprisoned not less than six months nor more than two years. The sentence of nine months imposed in this case is within the statutory limits and cannot be considered cruel and unusual punishment. State v. Caldwell,

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