State v. Parrish

160 S.E.2d 153 (1968) 273 N.C. 477

STATE of North Carolina
v.
Charles K. PARRISH.

No. 412.

Supreme Court of North Carolina.

April 10, 1968.

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

J. F. Motsinger, Winston-Salem, for defendant.

PER CURIAM:

Defendant's only contention is that his sentence of 3-5 years is "excessive and unconstitutional." The punishment for feloniously breaking and entering a store building containing personal property is imprisonment in the State's prison or county jail for not less than 4 months nor more than 10 years. G.S. § 14-54. Defendant's sentence, being within the statutory limits, is not excessive; nor is it cruel and unusual punishment. State v. Robinson, 271 N.C. 448, 156 S.E.2d 854; State v. Bruce, 268 N.C. 174, 150 S.E.2d 216.

No error.