STATE v. McDONALD

No. 6926SC474.

170 S.E.2d 551 (1969)

6 N.C. App. 627

STATE of North Carolina v. Eugene Dayton McDONALD.

Court of Appeals of North Carolina.

November 19, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Trial Atty. Fred P. Parker, III, for the State.

Whitfield, McNeely & Echols, by Paul L. Whitfield, Charlotte, for defendant appellant.


VAUGHN, Judge.

The defendant assigns as error the judgment of the trial court, contending that the court abused its discretion and showed malice toward the defendant by imposing an active sentence of six (6) to ten (10) years and by fixing bail pending appeal in the amount of $10,000.00.

Counsel for defendant concedes it to be elementary that, within the limit of the statute, punishment is left to the sound discretion of the trial judge. The sentence imposed...

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