STATE v. MACKEY

No. 7226SC395.

189 S.E.2d 491 (1972)

STATE of North Carolina v. Gary MACKEY.

Court of Appeals of North Carolina.

July 12, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Edward L. Eatman, Jr., Asst. Atty. Gen., for the State.

Mraz, Aycock & Casstevens by Frank A. Aycock, III, Charlotte, for defendant appellant.


VAUGHN, Judge.

Defendant's first assignment of error is that the court held that an active sentence was required as a matter of law. It is perfectly clear that the judge was acting in the exercise of his discretion when he imposed a very short active sentence. Defendant's counsel requested that the sentence be suspended because, among other things, of the pregnancy of the defendant's wife. The judge advised counsel that, under the circumstances of the case, he did...

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