STATE v. VIRGIL

No. 37.

172 S.E.2d 28 (1970)

276 N.C. 217

STATE of North Carolina v. Richard VIRGIL.

Supreme Court of North Carolina.

January 30, 1970.


Attorney(s) appearing for the Case

King V. Cheek, Jr., Samuel S. Mitchell, and Romallus O. Murphy, Raleigh, for defendant-appellant.

Robert Morgan, Atty. Gen., by William W. Melvin, Asst. Atty. Gen., and T. Buie Costen, Raleigh, Staff Atty., for the State.


HUSKINS, Justice.

Defendant was convicted of non-burglarious breaking and entering with intent to commit a felony. This is a felony punishable by imprisonment for not less than four months nor more than ten years. G.S. § 14-54. Defendant contends the trial court erred in imposing a sentence of nine to ten years without giving him credit for time already served. We now examine the validity of that contention.

In State v. Weaver, 264...

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